Harms to Personal Property/Land

Question 1

Harms to Personal Property/Land - List

Answer 1

1. Trespass to Chattel
2. Conversion
3. Trespass to Land
4. Nuisance

Question 2

1. Trespass to Chattel

Answer 2

Rule - intentional interference with the plaintiffs right to chattel by either:

1. dispossesing the plaintiff of the chattel or
2. intermeddling or interfereing with the plaintiff’s use of the chattel

Intent - intent to do the interfering act is necessary; intent to interfere with the chattel is not needed

Mistake - mistake about the legality of the action is not a defense

Damages -

Dispossession - plaintiff may recover the actual damages caused by the interference and the loss of the use of the goods

Use or Intermeddling - plaintiff may recover actual damages including diminution in value or cost of repair

Question 3

2. Conversion

Answer 3

Rule - defendant intentionally commits an act depriving the plaintiff of possession ofhis or her chattel or interfering with the plaintiff’s chattel in a manner so serious as to deprive the plaintiff entirely of the use of the chattel

Damages - may recover the full value of the chattel at the tiem of conversion

Intent - D must only intend to commit the act that interferes

Mistake - mistake of law or fact is not a defense

Interference - can occur by exercising dominion or control over the chattel; if original acquisition was not wrongful then P must first demand return of the chattel before action

Action for Replevin - action for return of chattel

Trespass to Chattel v. Conversion - interfere to such a deegree that the D should have to pay the full value; courts look to:

a. duration of interference
b. D’s intent to assert a right inconsistent with the rightful possessor
c. D’s good faith
d. expense or inconvenience to P
e. extent of inconvenience

Question 4

3. Trespass to Land

Answer 4

Rule - defendant intentionally causes a physical invasion of someone’s land

Intent - only need intent to enter the land or cause physical invasion; NOT intent to commit a wrongful trespass

Mistake - mistake of fact is not a defense (e.g., if D believes he owns land is not defense)

Physical Invasion - failure to leave P’s property after lawful rightof entry has expired constitutes a physical invasion

Trespass v. Nuisance - trespass - always involves an actual phsical invasion or intrusion; nuisance- may or may not involve a physical invasion or intrusion

Damages - no proof of actual damages required; may acquire nominal damages;

Necessity as a Defense to Trespass - person may enter onto land or interfere with personal property to prevent injury or severe harm so long as proportional to necessity.

Private Necessity - D must pay for actual damges that he caused

Public Necessity - if intrusion necessary to protect large number of people, then not liable for any damages to the property

Question 5

4a. Nuisance - Private

Answer 5

Rule - activity that substantially and unreasonably intereferes with someones use and enjoyment of land (e.g., loud music, odors)

Nature of D’s Conduct - can be intention, negligent, reckless, or result of abnormally dangerous activity

Interference - law unclear; two situations:

if conduct is unintentional then P must show conduct is negligent;

if conduct is intentional, then P must show nuisance is more than the P should have to bear

Not a Nuisance - blocking of sunlight or obstruction of view is not a nuicance UNLESS “spite fence”

Spite Fence - person puts up fence with no person except to block their neighbor’s view or sunlight

Defenses to Priv. Nuisance - depends upon intent of conduct (intentional, negligent, abnormally dangerous)

If conduct negligent, then assumption of risk or compartive negligence defenses analysis

If compliant with regulations, not a complete defense but must still show activity is reasonable

“Coming to Nuicance” - if P moves somewhere knowing about conduct, courts hesitant to allow action (one factor, not a complete defense)

Abatement - may enter another’s land to abate a private nuicance AFTER giving D notice of the nuisance and D refused to act and force must be reasonable

Question 6

4b. Nuisance - Public

Answer 6

Rule -

1) D’s conduct unreasonably interferes with a right common to the general public (e.g., pollution, blocking a stream/highway)
2) P has been harmed in a special or distinct way different from public (“special harm”)

Abatement - will be abated by public agency/authority

Question 7

4. Nuisance - Remedies

Answer 7

a. Injunction - court order abating the nuisance but courts are hestitant to do this unless value of the activity is great compared to harm that is created
b. Damages - usual remedy; for harm suffered or permanent damage