Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

quare clausum fregit

[Latin] Why he broke the close. -Abbr. qu. cl. fr.; q.c.f See TRESPASS QUARE CLAUSUM FREGIT.

trespass quare clausum fregit

[Latin "why he broke the close"] 1. A person's unlawful entry on another's land that is visibly enclosed. ( This tort consists of doing any of the following without lawful justification: (1) entering upon land in the possession of another, (2) remaining on the land, or (3) placing or projecting any object upon it. 2. At common law, an action to recover damages resulting from another's unlawful entry on one's land that is visibly enclosed. - Also termed trespass to real property; trespass to land; quare clausum querentis fregit. See trespass vi et armis. "Every unwarrantable entry on another's soil the law entitles a trespass by breaking his close; the words of the writ of trespass commanding the defendant to chew cause, quare clausum querentis fregit. For every man's land is in the eye of the law enclosed and set apart from his neighbour's: and that either by a visible and material fence, as one field is divided from another by a hedge; or, by an ideal invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field. And every such entry or breach of a man's close carries necessarily along with it some damage or other: for, if no other special loss can be assigned, yet still the words of the writ itself specify one general damage, viz. the treading down and bruising his herbage." 3 William Blackstone, Commentaries on the Laws of England 209-10 (1768).