proposed California law to hurt foodies and the poor
In article >, Sqwertz >
wrote:
> On Wed, 27 Jun 2012 13:12:59 -0700, Malcom "Mal" Reynolds wrote:
>
> > In article >, "Jean B." >
> > wrote:
> >
> >> How about suing farmers when the GMO material drifts into their
> >> fields?
> >
> > under tort law, that amounts to trespassing and is actionable
>
> Are you _REALLY_ this stupid, James? Under "tort law", there is such
> thing as trespassing, you dumbass. One is civil one is criminal.
did you mean "...there is NO such thing as trespassing..." doesn't really matter
as you'd be wrong
Trespass to land is today the tort most commonly associated with the term
trespass; it takes the form of "wrongful interference with one's possessory
rights in [real] property."[12] Generally, it is not necessary to prove harm to
a possessor's legally protected interest; liability for unintentional trespass
varies by jurisdiction. "[A]t common law, every unauthorized entry upon the soil
of another was a trespasser", however, under the tort scheme established by the
Restatement of Torts, liability for unintentional intrusions arises only under
circumstances evincing negligence or where the intrusion involved a highly
dangerous activity.[13]
>
> What are you going to do, throw the pollen in jail?
>
> -sw
the farmer who allowed his pollen to "trespass" would be subject to whatever
punishment the judge hearing the case thought reasonable. of course the that
farmer might sue Monsanto for providing him with a "defective" product...in any
event
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