Property | Tort

This chapter considers tortious remedies for interference with property rights. It discusses the famous American case of Edwards v Lee’s Administrator, where the defendant had been committing the tort of trespass in taking visitors into those parts of the cave to which the claimant had title. Two plausible responses were user damages and disgorgement of profits. User damages refer to a sum of money calculated at the amount which the claimant could reasonably have charged the defendant to permit him to act as he did. Meanwhile, disgorgement is available under statute where a defendant profits by infringing a claimant’s patent. The chapter considers concepts of property in justifying either approach.