Harms to Personal Property and Land

Question 1

Trespass to Chattels: Definition

Answer 1

An intentional interference with P’s right to possess personal property by either:

(1) DISPOSSESSING;
(2) USING; or
(3) INTERMEDDLING

Question 2

Trespass to Chattels: Damages

Answer 2

May recover actual damages, damages resulting from the loss of use, or the cost of repair

Question 3

Conversion: Definition

Answer 3

Intentionally committing an act:

(1) Depriving P of possession of their chattel; or
(2) Interfering with P’s chattel in a manner so serious as to deprive P entirely of use of the chattel

Question 4

Trespass to Land: Definition

Answer 4

D intentionally causes a PHYSICAL invasion of someone’s land

Question 5

Necessity as a Defense to Trespass

Answer 5

Available to a person who enters onto the land of another or interferes with that individual’s personal property to prevent an INJURY or other SEVERE HARM

Question 6

Private Nuisance: Definition

Answer 6

An activity that SUBSTANTIALLY and UNREASONABLY interferes with another’s use and enjoyment of land

Question 7

Private Nuisance: NOT a Nuisance

Answer 7

(1) Blocking sunlight

(2) Obstruction of view

Question 8

Private Nuisance: Factors that Tend to Show No Private Nuisance

Answer 8

(1) Compliance with state/local administrative regulations

(2) “Coming to the nuisance”

Question 9

Public Nuisance: Definition

Answer 9

An unreasonable interference with a right common to the public as a whole

Question 10

Nuisance: Remedies

Answer 10

(1) Damages

(2) Injunctive relief