Intentional Torts - Property Flashcards
Trespass to chattels
- intentional interference w/P’s right of possession by dispossessing, using, or intermeddling
- intent to do the act
- damages
Trespass to chattels - is a mistake about legality of actions a defense?
NO
Tresspass to chattels - damages
actual damages
cost of repair
loss of use only when dispossession
What is the remedy for trespass to chattels?
Compensation for diminished value or cost of repair
Conversion - elements
- intentional
- interference w/P’s right of possession
- so serious that it deprives P of the use of the chattel
- damages
For conversion, what does intent require?
- intent to commit the act (intent to damage NOT necessary)
Conversion - is mistake a defense?
NO
Does transferred intent apply?
No, transferred intent does not apply - must intend to control the particular property
Trespass to land - elements
- intent to enter land or cause physical invasion
- physical invasion
- proper P (anyone in actual or constructive possession of land)
- necessity as a defense
Does transferred intent apply to trespass to land?
YES
Necessity as defense - private
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
Necessity as defense - public
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
Private nusiance - rule
substantial and unreasonable interference with another’s use or enjoyment of his land
Private nusiance - interference defintion
interference must be intentional, negligent, reckless, result of abnormally dangerous conduct
OBJECTIVE standard
balacne the interference with the utility of the nuisance
Private nusiance - unreasoanble definition
the injury caused outweights usefulness of the action
Defenses to private nusiance
- regulatory compliance
2. coming ot the nuisance
Regulatory compliance - private nusiance
compliance w/state or local administrative regulation
incomplete defense; admissible but NOT determinative
Coming to the nuisance - private nusiance
when someone moved somewhere knowing about that conduct
does not entitle D to judgment as a matter of law BUT jury may consider
Public nusiance - rule
unreasonable interference with a right common to the genrreral public
Who is the proper P for public nusiance?
a private citizen suffering harm different in kind from general public
Remedies for public nusiance?
damages
injuncitve relief 9balance the equities)
Private abatement rule
reasonable force permitted to abate; must give D notice of the nusiance an dD resfuses to act
Public abatement rule
absent unique injury, public nuisance MAY be abated ONLY by public authroity
conversion - damages
can recover the chattel’s full value at the time of conversion
How courts determine trespass to chattel v. conversion
More extreme = more likely conversion
- duration and extent of interference
- D’s intent to assert a right inconistent with the rightful possessor
- D’s good faith
- expense of inconvenience to P AND
- extent of the harm
Does trespass to land require proof of actual damages?
No, proof of actual damages is NOT required
Necessity - general rule
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
What is NOT a nuisance
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
