Harms to Personal Property and Land Flashcards
Define trespass to chattels
intentional interference with the plaintiff’s right to possess personal property, either by dispossession, interference, or damaging of the chattel
True or false: Mistake about the legality of an act of trespass to chattels is valid
False, not a defense
Define conversion
D intentionally commits an act so serious as to deprive the plaintiff entirely of chattel
Plaintiff can recover the chattel’s full value at time of conversion
What are factors that courts will consider when making a distinction between trespass to chattels v. conversion?
- Duration and extent of interference
- D’s intent to assert a right inconsistent with rightful possessor
- D’s good faith
- Expense or inconvenience to P
- Extent of the harm
More extreme, more likely to find conversion
Define trespass
D intentionally causes a physical invasion of someone else’s land
What is the requisite intent for trespass?
Intent to enter land or cause physical invasion
+ Intent to commit trespass not required
+ mistake of fact not a defense
True or false: causing objects to invade the land constitutes trespass
True
who can sue another for trespass?
Anyone in possession of the land (tenants, landlords, owners)
Explain Necessity as a Defense to Trespass
A person enters onto the land of another or interferes with that individual’s personal property to prevent an injury or other severe harm (alternative is dangerous)
+ landowner may not use force to exclude a person
In cases of damages due to private necessity, the D must pay for…?
Actual damages caused, but not nominal damages
In case of damages due to public necessity, Ds must pay for…?
Nothing related to damages to private property.
Define private nuisance
An activity that substantially and unreasonably interferes with another’s use and enjoyment of the land
+objectively unreasonable
+ hypersensitive people may not have a cause of action
+ courts balance interference v. utility of nuisance
Will courts find blocking of sunlight or view to be a nuisance?
Generally, no
Exception: spite fence/wall (no reason except to block)
Name the defenses to private nuisance
- Compliance with gov regulations
- Coming to the nuisance (not a complete defense)
Define public nuisance
Unreasonable interference with right common to the public at large
Ex: pollution, tobacco litigation, claims in opioid, blocking waterway
