Harms To Personal Property And Land

Question 1

What is the definition of trespass to chattels?

Answer 1

A D is liable for trespass to chattels if he intentionally interferes with the P’s right of possession by either:

1. Dispossessing the P of the chattel, or
2. Using or intermeddling with the P’s chattel.

There must be actual harm or deprivation of the use of the chattel for a substantial time.

Question 2

What is the intent necessary for trespass to chattel?

Answer 2

Only the intent to do the interfering act is necessary; the D need not have intended to interfere with the property.

Question 3

Does the doctrine of transferred intent apply to TTC?

Answer 3

Yes

Question 4

Who may bring a TTC suit?

Answer 4

An action for trespass to chattels may be brought by anyone with possession of or immediate right to possession of the chattel.

Question 5

Is mistake a defense to TTC?

Answer 5

No; mistake by the D about the legality of his actions is not a defense.

Question 6

What damages may be recovered in a TTC case of dispossession?

Answer 6

A P may recover for:

1. The actual damages caused by interference; and
2. The loss of use

Question 7

What damages may be recovered in a TTC suit for intermeddling?

Answer 7

The P may only recover when here are actual damages

Question 8

What is the remedy for TTC cases?

Answer 8

The P may be entitled to compensation for the diminution in value or the cost of repair.

Question 9

What is the tort of conversion?

Answer 9

A D is liable for conversion if he intentionally commits an act depriving the P of possession of chattel or interfering with the P’s chattel in a matter so serious as to deprive her of the use of the chattel.

Question 10

What are the P’s damages in a conversion suit?

Answer 10

The P’s damages are the chattel’s full value at the time of the conversion.

Question 11

What kind of property can be converted?

Answer 11

Only personal property and intangibles that have been reduced to physical form (like a promissory note) can be converted.

Question 12

What is the intent element of conversion?

Answer 12

The D must only intent to commit the interfering act. There is no requirement of intent to cause damage.

Question 13

Is mistake of law or fact a defense against conversion?

Answer 13

No; in other words, a purchaser of stolen goods is liable to the rightful owner.

Question 14

Is accidental damage to chattel conversion?

Answer 14

No, not if the D had permission to use the property.

Question 15

What is the definition of interference for purposes of conversion?

Answer 15

A D interferes with the P’s chattel by exercising dominion or control over it. Examples of acts of conversion include wrongful acquisition, transfer, or detention; substantially changing; severely damaging or destroying; or misusing chattel.

Question 16

In conversion cases, what must a P do first if the original acquisition of the chattel was not wrongful?

Answer 16

The P must first demand return of the chattel before suing.

Question 17

What is the difference b/t TTC and conversion?

Answer 17

There is no bright-line rule; It is a matter of degrees of seriousness. The following factors are considered:

1. Duration and extent of interference
2. The D’s right intent to assert a right inconsistent with the rightful possessor
3. The D’s good faith
4. The expense or inconvenience to the P
5. The extent of the harm to the chattel

Question 18

Which is ‘worse’: TTC or conversion?

Answer 18

Conversion; generally the greater the degree of each of the factors, the greater the likelihood that a conversion has occurred. Conversion is an exercise of dominion or control over the plaintiff’s personal property to the extent that the court is justified in requiring the D to pay the full value of the property. (Damaging a car versus stealing a car)

Question 19

What are the damages for conversion?

Answer 19

The P may recover damages in the amount of the full value of the property at the time of conversion. Or, the P may bring an action for replevin to recover the chattel.

Question 20

What is trespass to land? (TTL)

Answer 20

Trespass to land occurs when the D’s intentional act causes a physical in action of the land of another.

Question 21

What is the intent element of TTL?

Answer 21

The D need only to have the intent to enter the land (or cause physical invasion), not the intent to commit a wrongful trespass. They do NOT need to know that the land belongs to another.

Question 22

Is mistake of fact a defense to TTL?

Answer 22

No; the D need not know the land belongs to another and mistake of fact is not a defense.

Question 23

Does the doctrine of transferred intent apply to TTL?

Answer 23

yes

Question 24

What counts as a physical invasion in TTL cases?

Answer 24

The D need not personally enter onto the P’s land; intentionally flooding the land, throwing something onto it, or intentionally emitting particulates into the air over the land will suffice.

Question 25

Does a D’s failure to leave P’s property after rightful entry expires suffice for TTL?

Answer 25

Yes; it constitutes a physical invasion at that point

Question 26

Does TTL only occur on the surface of land?

Answer 26

No; a trespass may be committed on, above or below the surface of the P’s land.

Question 27

Who may bring a TTL suit?

Answer 27

Because it is the right to possession that is being protected, anyone in actual or constructive possession of land may bring an action for trespass (i.e. owner, lessee or adverse possessor)

Question 28

What is the difference between TTL and nuisance?

Answer 28

Trespass always requires an invasion or intrusion of land; nuisance not necessarily

Trespass protects an interest in the land; nuisance protects the use and enjoyment of the land

If there is no physical object interning the land (so, bright light or damage from explosions instead), the case is generally treated as a nuisance or strict liability action.

Question 29

Is proof of actual damages required in a TTL case?

Answer 29

No

Question 30

When is necessity a defense to trespass?

Answer 30

The privilege of necessity is available to a person who enters onto the land of another or interferes with another’s personal property in order to prevent injury that is substantially more serious than the invasion or interference itself.

Question 31

When does the privilege of necessity apply?

Answer 31

The privilege of necessity applies only to intentional torts to property.

Question 32

When is a D said to be acting under private necessity?

MBE may refer to private necessity as just necessity

Answer 32

A D who acts to prevent a threatened injury from some source of nature or other independent cause that is not related to the P is said to be acting under necessity.

Question 33

What does acting under private necessity give the D the right to do?

Answer 33

D’s acting under private necessity have the right to use the property of others to save their own lives or more valuable property.

Question 34

Is private necessity qualified?

Answer 34

yes; private necessity is a qualified privilege to protect a limited number of people. It is also qualified because the property owner is entitled to recover actual damages even though the D is not a trespasser.

Question 35

What are the rights of property owners in private necessity?

Answer 35

A property owner whose property the D (acting under necessity) trespasses cannot use self-help to exclude the D as a trespasser. The property owner cannot recover nominal or punitive damages. The property owner CAN recover actual damages.

Question 36

What is the doctrine of public necessity?

Answer 36

Under the doctrine of public necessity, private property may be intruded upon or destroyed when necessary to protect a large number of people from public calamities, like the spreading of fire or disease or the advance of a hostile military force.

Question 37

Is the privilege of public necessity qualified or absolute?q

Answer 37

The privilege of public necessity is absolute. As long as the D acts reasonably, he is not liable for any damage to the property. He is not liable even if the original entry was not necessary, as long as he reasonably believed that the necessity existed. The privilege lasts only as long as the emergency continues.

Question 38

Who is the privilege of public necessity available to?

Answer 38

The privilege is available to private citizens or public officials, should the P seek to hold a public official personally liable.

Question 39

What torts does necessity and public necessity apply to?

Answer 39

Necessity and public necessity are privileges to the torts alleging damage to personal property, i.e. trespass to chattels and conversion.