Intentional Torts: Property Flashcards
1
Q
What is trespass to land?
A
- Intentional act that causes a physical invasion of P’s land and interferes with P’s possessory interest in the land.
2
Q
What are the elements of trespass to land?
A
- Intent
- Entry
3
Q
What intent is required to prove trespass to land?
A
- D desired to enter the land/caused something to enter, or
- D knew that land entry was substantially certain to result.
o EXAMPLE: Irene is driving around and gets lost in an unknown area. She sees Dennis standing on the sidewalk. Irene pulls over and asks Dennis for directions to the freeway entrance. Dennis says to take his dirt road to the end, and make a left. Property doesn’t belong to Dennis, but to Prince who has hidden cameras. Prince finds Irene on his property and sues her for trespass. Prince will recover because Irene intended to enter that land and Dennis intended to get Irene to enter the land.
4
Q
Can D claim mistake to defend against a trespass to land?
A
- If the trespass was intentional, then no. Mistake is not a defense.
5
Q
What is the entry requirement for trespass to land?
A
- D enters or causes someone/something to enter the land.
o EXAMPLE: Darla fires a gun across Pete’s property. This constitutes trespass because the bullet crossed P’s property.
6
Q
Is it a trespass if D enters the land legally but refuses to leave?
A
- It may still constitute a trespass to land if D enters the land lawfully but then refuses to leave when required. D must remove/eject from P’s land when under legal duty to do so.
7
Q
Who can bring a claim against D for trespass to land?
A
- Anyone in possession can bring a claim (landowner, tenant, adverse possessor).
- EXAMPLE: Darla thinks she is crop dusting her own land but the pesticide lands on Owen’s land. Owen has leased the property to Tom. Tom can bring a trespass to land action because he is in possession of the land. If permanent damage occurred, Owen would have a claim.
8
Q
What remedy is P entitled to for trespass to land?
A
- Nominal damages available. D still liable for entering even if no damage
- D is liable for full extent of harm caused by the trespass.
o EXAMPLE: Irene is driving carefully across the dirt road, hits a pothole and loses control of her car. She hits an azalea bush worth $15,000. She is liable for this destruction because it occurred while she was trespassing. - Restitutionary remedy of ejectment: Action brought by P to have D removed from property.
9
Q
What is a trespass to chattel?
A
- D interferes with P’s chattel (personal property), causing damages.
10
Q
What are the elements of trespass to chattel?
A
- Intent
- Interference
- P’s chattel
- Actual damages
11
Q
What intent is required for trespass to chattel?
A
- D intentionally performs the physical act that interferes with P’s chattel.
12
Q
Is mistake a defense against trespass to chattel?
A
- Liable even though D did not intend to trespass.
- Mistake is not a defense.
o EXAMPLE: Dale is leaving a restaurant and takes a blue denim jacket, believing it is his but it actually belongs to Paul. This is sufficient to create intent for trespass to chattels.
13
Q
What constitutes interference with chattel?
A
- P uses or borrows without authorization.
14
Q
How is trespass to land different from trespass to chattel?
A
- Unlike trespass to land, proof of actual damages is an element of the cause of action for trespass to chattels.
15
Q
What does it mean for P to suffer actual damages for trespass to chattel?
A
- Actual damages to the chattel itself are not necessary; however, actual damages would include the value of loss of use of the chattel during a dispossession or the cost to remedy an intermeddling.
o EXAMPLE: Same facts as above. If Dale only keeps Paul’s jacket for five minutes, this will not be significant enough to constitute actual damages. However, if Dale keeps Paul’s jacket for a week, this would likely be significant enough and Paul would likely be able to recover the rental value of the jacket.
o EXAMPLE: Pam and Dexter are at Pam’s apartment. They are playing a game where every time “foreseeability” comes up, they do a shot of tequila. Once they finish the first bottle, Pam says she will go to the store to get more. Pam’s dog is in the backyard, and Pam tells Dexter not to let the dog in the house or touch the dog. Pam comes back to find Dexter holding the dog and sues for trespass to chattels. If the dog is unharmed, Pam will not have a valid claim against Dexter.
