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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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