Chapter 2 - Intentional Torts

Question 1

What are the elements of the “trespass of land” tort?

Answer 1

(1) intent to enter the land
(2) and entrance into the land of the other

** you can be liable even if you’re unaware of the trespass onto someone else’s land; just need to intend to physically enter onto the land

Question 2

Is someone committing “trespass to land” after the expiration of privilege to stay?

Answer 2

Yes, once privilege, consent or license expires, a person is liable for trespass to land.

Question 3

What are the elements of the “trespass to chattels” tort?

Answer 3

(1) intent (act) + ksc (contact)
(2) actual damage to chattel
(a) chattel impaired of condition
(b) possessor is deprived of use
(c) bodily harm
(d) or disposed

** no liability without damages

Question 4

What type of damages are awarded in “trespass to chattel” cases?

Answer 4

Compensatory damages, no nominal damages

** damages are calculated/equal to the actual diminution of the value of the chattels

Question 5

What are the elements of the “conversion” tort?

Answer 5

(1) intentional exercise of dominion (or control) of chattels of another
(2) that so seriously interferes with the right of the other to control the chattels that its to require payment in full of the chattels

Question 6

How are damages calculated in the “conversion” tort?

Answer 6

Damages are assessed based on the fair market value of the chattel.

Question 7

Can a third party be liable for conversion?

Answer 7

Yes, a third party could be liable for conversion even if they are not aware of their fraudulent possession of the chattel.

Exception: if the third party acquired a good faith license or title, they may not be held liable

Question 8

Can products via the internet/computers be considered a trespass to chattels?

Answer 8

Yes, in CompuServe Inc. v. Cyber Promotions the rule stated that intrusion to internet signals are tangible properties protected under the trespass to chattels tort.