7) Trespass to Chattels Flashcards

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1
Q

trespass to chattels: def

A

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

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2
Q

trespass to chattels: elements

A

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

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3
Q

chattel, aka

A

personal property

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4
Q

intent: def

A

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

liable EVEN THO did not intend to commit trespass

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5
Q

trespass to chattels: ways (examples)

A

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

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

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6
Q

harm: element?

A

is a required element! not every insignificant claim counts

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7
Q

harm: def/kinds

A

1) actual injury/damage to personal property, OR

2) significant period of dispossession

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8
Q

remedies: kinds

A

1) damages

2) replevin

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9
Q

replevin: def

A

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

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