Intentional Torts - Property

Question 1

Trespass to chattels

Answer 1

1. intentional interference w/P’s right of possession by dispossessing, using, or intermeddling
2. intent to do the act
3. damages

Question 2

Trespass to chattels - is a mistake about legality of actions a defense?

Answer 2

NO

Question 3

Tresspass to chattels - damages

Answer 3

actual damages

cost of repair

loss of use only when dispossession

Question 4

What is the remedy for trespass to chattels?

Answer 4

Compensation for diminished value or cost of repair

Question 5

Conversion - elements

Answer 5

1. intentional
2. interference w/P’s right of possession
3. so serious that it deprives P of the use of the chattel
4. damages

Question 6

For conversion, what does intent require?

Answer 6

1. intent to commit the act (intent to damage NOT necessary)

Question 7

Conversion - is mistake a defense?

Answer 7

NO

Question 8

Does transferred intent apply?

Answer 8

No, transferred intent does not apply - must intend to control the particular property

Question 9

Trespass to land - elements

Answer 9

1. intent to enter land or cause physical invasion
2. physical invasion
3. proper P (anyone in actual or constructive possession of land)
4. necessity as a defense

Question 10

Does transferred intent apply to trespass to land?

Answer 10

YES

Question 11

Necessity as defense - private

Answer 11

qualified privilege for a limited number of people to enter or remain on land to protect OWN person/property from serious harm

NOT liable for trespass BUT responsible for actual damages

Question 12

Necessity as defense - public

Answer 12

unqualified/absolute privilege to avert imminent public disater

NOT liable for damage IF actions reasonable OR

reasonble belief that necessity existed, even if initial entry not necessary

Question 13

Private nusiance - rule

Answer 13

substantial and unreasonable interference with another’s use or enjoyment of his land

Question 14

Private nusiance - interference defintion

Answer 14

interference must be intentional, negligent, reckless, result of abnormally dangerous conduct

OBJECTIVE standard

balacne the interference with the utility of the nuisance

Question 15

Private nusiance - unreasoanble definition

Answer 15

the injury caused outweights usefulness of the action

Question 16

Defenses to private nusiance

Answer 16

1. regulatory compliance

2. coming ot the nuisance

Question 17

Regulatory compliance - private nusiance

Answer 17

compliance w/state or local administrative regulation

incomplete defense; admissible but NOT determinative

Question 18

Coming to the nuisance - private nusiance

Answer 18

when someone moved somewhere knowing about that conduct

does not entitle D to judgment as a matter of law BUT jury may consider

Question 19

Public nusiance - rule

Answer 19

unreasonable interference with a right common to the genrreral public

Question 20

Who is the proper P for public nusiance?

Answer 20

a private citizen suffering harm different in kind from general public

Question 21

Remedies for public nusiance?

Answer 21

damages

injuncitve relief 9balance the equities)

Question 22

Private abatement rule

Answer 22

reasonable force permitted to abate; must give D notice of the nusiance an dD resfuses to act

Question 23

Public abatement rule

Answer 23

absent unique injury, public nuisance MAY be abated ONLY by public authroity

Question 24

conversion - damages

Answer 24

can recover the chattel’s full value at the time of conversion

Question 25

How courts determine trespass to chattel v. conversion

Answer 25

More extreme = more likely conversion

1. duration and extent of interference
2. D’s intent to assert a right inconistent with the rightful possessor
3. D’s good faith
4. expense of inconvenience to P AND
5. extent of the harm

Question 26

Does trespass to land require proof of actual damages?

Answer 26

No, proof of actual damages is NOT required

Question 27

Necessity - general rule

Answer 27

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 28

What is NOT a nuisance

Answer 28

blocking of sunlight or the obstruction of view

exception: spit fense or spite wall - no purpose except to block a neighbor’s view or sunlight