Distress damage feasant
Distress damage feasant is a common law self-help legal remedy whereby a person who is in possession of land may impound a chattel which is wrongfully on that land to secure the payment of compensation for damage caused by it.[1] It is part of the law relating to distraint. In some cases the party also has the right to sell the chattel. The chattel may be inanimate, or it may be an animal or livestock.[2]
| Judicial remedies |
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| Legal remedies (Damages) |
| Equitable remedies |
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The remedy principally relates instances of nuisance, and was often exercised in conjunction with certain strict liability torts, such as liability under the rule in Rylands v Fletcher or cattle trespass. In a number of instances, the exercise of the remedy has now been curtailed by statute.[3]
Footnotes
- "Distress Damage Feasant". Irwin Law. Retrieved 19 December 2016.
- "Damage Feasant". Oxford English Living Dictionary. Retrieved 19 December 2016.
- See for example, "Animals Act 1971"., section 7(1).
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