_Express_ consent is a defense to trespass, but I doubt that leaving one's door open/unlocked necessarily constitutes express consent. However, I really don't know for sure--I hated loathed and despised my Torts professor and got very little out of the class, and we didn't spend much time on trespass in Property either. Unfortunately I really don't have time today to look into this further--sorry.
no subject
Date: 2005-11-17 03:43 pm (UTC)