In what circumstances will a defendant be liable for damages if he causes damage to another person’s property?
Newfoundland and Labrador, Canada
The following excerpt is from R v Thomas, 1991 CanLII 6850 (NL CA):
In Entick v. Carrington (1765), 95 E.R. 807, Lord Cambden, C.J., said: “No man can set his foot upon my ground without my licence, but he is liable to an action, though the damage be nothing;... If he admits the fact, he is bound to show by way of justification, that some positive law has empowered or excused him.”
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