Intentional Torts Against Property

Question 1

Trespass to Land elements?

Answer 1

D must commit act of physical invasion

Act must interfere with P’s exclusive possession of land.

Question 2

The “act of physical invasion” can be accomplished in either of the following two way:

Answer 2

Enter the property (on foot or by vehicle)

Throwing something onto the land

Question 3

Is a mistaken entry still actionable as a trespass?

Answer 3

Yes

Question 4

What is the only intent required for a trespass?

Answer 4

To pass onto the land, NOT necessarily someone else’s land

Question 5

Is inadvertent invasion onto someone’s land actionable as a trespass?

Answer 5

No.

Question 6

To accomplished a trespass by throwing, what must be true of the object thrown?

Answer 6

It must be tangible and physical

Question 7

In trespass, who is the proper plaintiff?

Answer 7

The person in legal POSSESSION of the land, not the owner.

Question 8

I rent a home and D comes into my home without my permission. Who has the claim–me or my LL? Explain.

Answer 8

Me.

I am in possession

Question 9

A person’s interest in land included the _____ and _____, within a reasonable distance.

Answer 9

Air above and Soil Below

Question 10

Little kid throws something through my yard, touches nothing, and the object lands on the public street on the other side. Trespass? Explain.

Answer 10

Yes.

Little kid doesn’t matter b/c there are no incapacity defenses.

object physically invaded my land

It interfered with my possession of the land

Question 11

Trespass to Chattels elements? (4)

Answer 11

An act by D that interferes with the plaintiff’s right of possession in a chattel;

Intent

Causation; and

Damages

Question 12

Personal property includes everything you own other than . . .

Answer 12

Land or buildings

Question 13

Under trespass to chattels, there are two types of interference: the interference may either be a ______ or a _____.

Answer 13

Intermeddling

Dispossession

Question 14

If the degree of interference is relatively minor, do we pick trespass to chattels or conversion

Answer 14

T to C

Question 15

If the degree of interference is relatively serious, we pick trespass to chattels or conversion?

Answer 15

Conversion

Question 16

What is an intermeddling?

Answer 16

Direct damage to chattel

Question 17

What is a dispossession?

Answer 17

Depriving P of his lawful right of possession of a chattel

Question 18

Under trespass to chattels, intent to ______ is not required. Intent to do __________________ is all that is needed.

Answer 18

Trespass

Do the act of interference.

Question 19

The defendant’s mistaken belief that he owns the chattel at issue is/isn’t a defense under trespass to chattel.

Answer 19

Is not

Question 20

Elements of Conversion? (4)

Answer 20

An act by D that interferes with plaintiff’s right of possession in a chattel;

The interference is so serious that it warrants requiring D to pay the chattel’s full value;

Intent; AND

Causation

Question 21

In conversion, you recover what?

Answer 21

The full market value of the item.

Question 22

In trespass to chattel, you recover what?

Answer 22

Cost of repair.

Question 23

Acts of conversion include wrongful ___, wrongful ______, wrongful ______, and substantially ______, severely damaging, or misusing a _____

Answer 23

Acquisition

Transfer

Detention

Changing

Chattel.

Question 24

Only tangible ___ _____ and intangibles that have been reduced to _____ _______ (e.g., promissory note) are subject to conversion

Answer 24

Personal Property

Physical Form

Question 25

Who may maintain an action for conversion?

Answer 25

Anyone with possession o the immediate right to possession of the chattel.