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DISCUSSION OF TENTATIVE DRAFT 11 1 (1933)

handle is hein.ali/relwtrts0243 and id is 1 raw text is: Discussion of Torts Tentative Draft No. 31 V--) Edward S. Thurston, Harvard University Law School, Reporter. MR. TiUIDMOT - This pamzuhlet, Torts Tentative Draft Boo 11, is a continuAtion of the two pamphlets which I submibted last year anci the year before. Two years we ago the pamphlet took up the general notions of what :0= commonly call trespass to land; the elements which go to make up a cause of action for trespass to land. La-+ year -v.e took up some of those privileged occasions when an entry on land in another' s possession are not considered an action of wrong because of the circumstances unuer which it is made. The obvious case, of course, is the license where nne enters 1.an In another's possession with the consent of that other. Ve took up also last year some situations which, although fre- quently called implied license, are more accurately, I think, privileges con- ferred by authority of law quite irrespective of the consent of the possessor of the land. But them casesywhich we took up last year tot tha0s6 o6ft all went back to some previous transaction between the parties or their predecessors in inter-,st. A biys a chattel from B. At the time of the sale the chattel is on B's land. The mere transaction of the sale, say the courts, confers on A,the purchaser, a privilege or authority to go on the land of B ani t-ke possession of the chattel which A has purchased. Now, as I say these are frequently called implied licenses and yet they are not licenses necessarily implied in fact be- cause if B should object to A' s going on the land A would, nevertheless, have the legal right to proceed and reclaim his chattel. The cases which we took up then last year were those which wise from some transaction between the parties either based on actual consent or on some previous transaction where at one time or another there was a basis for saying that the possessor consented to the subsequent entrywhich consent, because of the change in position which the. plaintiff has entered into he relies on that consent continuing, gives * privilege

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