Class Notes

Question 1

What is conversion? What do you consider to determine conversion?

Answer 1

Restatement 222A: (1)An intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel. (2)the extent and duration of the actor’s exercise of dominion or control; and the harm done to the chattel

Question 2

What is the historic evolution of conversion?

Answer 2

1. Strict limitation to tangible property, things that can be lost or stolen
2. Merger doctrine- P can recover for loss of intangible property if it is “merged” into a document or other tangible property
3. Conversion is available for the interference with intangible property interests that do not strictly satisfy the merger test

Thyroff-Intangible property should be protected by the tort of conversion because it has value. It is something that can be stolen.

Question 3

Landlord duty owed to tenants

Answer 3

Landlord must act as a reasonable person including:

likelihood of injury

severity of harm

how big of a burden to prevent

Question 4

Landlord’s obligations to prevent criminal activity

Answer 4

not required to be the police, must take some precautions to protect tenants

must take reasonable steps to protect tenants, they are in the best position to prevent harms, they must make repairs and provide security measures, the cost can be passe don to the tenant

Question 5

Corrective Justice

Answer 5

helping restore mutual balance if one party wrongs another