6LLAW043C INTERNETLAW WESTMINSTER INTERNATIONAL UNIVERSITY IN TASHKENT

TASK 1

Issue-  In the current case, Railways.com seek legal advice regarding the trespass to a chattel. Travel agency sites named as ticketdeals.com advertises on its websites to allow people in booking the railway tickets. This travel operator uses the official website link of railways.com and displays for sale of tickets. But Railways.com does not give resale or distributorship to anyone. This website advertises its sales by using the name of this railways.com without getting their permission. To stop this malpractice, the company appointed programmers to disable this link. The plaintiff that is railways company needs advice under the UK law to charge this travel operator. The railways.com wants to file a petition against the ticketdeals.com on the grounds of trespass to chattel. Using anyone’s official rad name on its websites comes under trespassing. This practice of that travel agent misleads all the potential customers of railways.com to shift to their website as they use its brand.

Rule- As per the common law of the United Kingdom, different forms of torts comes under international torts. These are assault, battery, false imprisonment, trespass to land, trespass to chattel, conversion and emotional distress. The law defines the meaning of the term trespass that using someone's property without its consent.

Trespass to chattels depicts the intentional of a user in interfering in someone’s territory without its permission. This is a serious offense under UK law for committing this crime. The below criteria help in determining a crime as trespass to chattel.

Intention- A person committing any crime by using someone’s property to affect its interest.  The rules say that committing a crime or harming someone does not require intention behind it.

Not seeking permission- Fundamental of the trespass crime is exist in lack of permission of the owner. If someone seeks the consent of the owner before using their name or website then this does not cover under this crime.

Interference of chattel- Three parameters helps in identifying the interference to chattels of the owners. The first condition says that seeking intentional possession of the chattel. Secondly, using the property without seeking consent (Tresspass law, 2019). Lastly, affecting the chattel and the image of the owner in front of the client.

Some of the conditions that assist an individual in determining the liability on the grounds of trespass to chattel:

  • Taking possession of the chattel
  • Affecting the quality and value of the chattel
  • Owner is unable to use its chattel
  • Coercion or threat to the owner of the property

Analysis- In the given case, ticketdeals.com fulfills all the conditions to get liable for its actions. Tickedeals.com,’s intention is to harm raileays.com by affecting their brand image. Using the website link on its platform without giving credit to the owner and dispossess the main property.

The conditions to held liable under this law are successfully matched with the current action of ticket deals. Except for physical harm to the owner, all other conditions fulfill by the ticketdeals.com.

According to the case-law of Pneuma, International Inc. v Cho is a similar case about the trespasses to chattel. This involves the web domains and the employee restricts the access of the web domain of the company (Pneuma International Inc v Cho case law, 2019).

Conclusion- It is summarized from the case that railways.com’s claim on the ticketdeals.com on the grounds of trespass to chattel gets accepted. The above conditions if the law matches the action of ticketdeals.com. Although railways.com hires programmers to disable the link they can do this in defense. The guilty party that is ticketdeals.com is liable to compensate for the actual damages to the owner.

 

 

 

[1] Bonadio. Copyright protection of street art and graffiti under UK law. Intellectual Property Quarterly, [2017 ] (2).

 

[2] Kochan. Playing with Real Property Inside Augmented Reality: Pokemon Go, Trespass, and Law's Limitations. Whittier L. Rev.. 38.  [2017] p.70.

 

[3] Faga and Ngwoke. Untying the Dilemma of the Tort of Wrongful Interference with Goods in Nigeria. Beijing Law Review. 10(5).  [2019] pp.1356-1373.

 

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