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Civil Law (Wrongs) Act 2002
141Defence to action for trespass to land
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141 Defence to action for trespass to land
It is a defence to an action for trespass to land if the defendant
establishes that—
(a) the defendant does not claim any interest in the land; and
(b) the trespass was because of negligence or was not intentional;
and
(c) the defendant made a reasonable offer to make amends to the
plaintiff before the action was brought.