7) Trespass to Chattels

Question 1

trespass to chattels: def

Answer 1

D intentionally interferes w P’s personal property, causing it harm

Question 2

trespass to chattels: elements

Answer 2

1) intent
2) interference
3) P’s chattel
4) harm

Question 3

chattel, aka

Answer 3

personal property

Question 4

intent: def

Answer 4

intent to perform the physical act that interferes w P’s chattell

liable EVEN THO did not intend to commit trespass

Question 5

trespass to chattels: ways (examples)

Answer 5

1) uses
2) borrows w/o permission
3) damages

chattel of another
in significant enough way that willing to provide damages

Question 6

harm: element?

Answer 6

is a required element! not every insignificant claim counts

Question 7

harm: def/kinds

Answer 7

1) actual injury/damage to personal property, OR

2) significant period of dispossession

Question 8

remedies: kinds

Answer 8

1) damages

2) replevin

Question 9

replevin: def

Answer 9

restitutionary remedy – sheriff gets back your personal property for you that you were wrongfully dispossessed of