A trespasser who enters another's land may cause the landowner no financial loss. |
When the driver saw a man in white on the rail, he braked and the train stopped 30 metres short of the trespasser. |
That is, the tortfeasor, the trespasser, is liable not only for the tort of trespass but for what has been called the fruits of the trespass. |
For example, a person entering a gas station to ask for directions is a licensee and not a trespasser. |
The remedies available with regard to the fruits of the trespass in the hands of the trespasser would be an injunction, and we would accept that. |
This is the same principle as allows a licensee who is in de facto possession to evict a trespasser. |