Intentional torts (property)

Question 1

Intentional torts (property)

Answer 1

1. Trespass to chattels
2. Conversion
3. Trespass to land
4. Nuisance

Question 2

Trespass to chattels (tangible personal property)

Answer 2

1. Intentional interference with P’s right of possession by either—
   • Dispossessing or
   • Using or intermeddling with P’s chattel
2. Only intent to do the act is necessary—transferred intent applies
3. Mistake about legality is not a defense
4. Damages (actual and loss of use; no loss of use damages without dispossession)
5. Remedy (compensation for diminished value or cost of repair)

Question 3

Conversion

Answer 3

1. Intentional act (must only intend to commit the act that interferes; mistake no defense)
2. Interference with P’s right of possession (exercising dominion or control)
3. So serious (based on duration/extent, intent to assert a right, D’s good faith, extent of harm and P’s inconvenience) that it deprives P of the use of the chattel
4. Damages (full value of property or replevin)

Question 4

Trespass to land

Answer 4

1. Intent to enter land or cause physical invasion, not to trespass; transferred intent applies
2. Physical invasion of property
3. Proper Plaintiff—anyone in actual or constructive possession of land
4. Necessity as defense
   • Private—Qualified privilege for limited number of people to enter land to protect own person/property from harm; not liable for trespass but responsible for actual damages
   • Public—Unqualified/absolute privilege to avert imminent public disaster; not liable for damage if actions reasonable or reasonable belief that necessity existed, even if initial entry not necessary

Question 5

Nuisance

Answer 5

1. Private—Substantial and unreasonable interference with another’s use or enjoyment of his land
   • Proper Plaintiff—anyone with possessory rights in real property
   • Interference must be intentional, negligent, reckless, or result of abnormally dangerous conduct
   • Substantial—offensive to average reasonable person in the community (objective)
   • Unreasonable—injury caused outweighs usefulness of the action
   • Defenses to private nuisance
   o Regulatory compliance—incomplete defense; admissible but not determinative
   o Coming to the nuisance—does not entitle D to judgment as a matter of law but jury may consider
2. Public—unreasonable interference with a right common to the general public; defenses in private nuisance generally applicable
   • Proper Plaintiff—private citizen suffering harm different in kind from general public
3. Remedies—damages; injunctive relief (balance the equities)
4. Abatement
   • Private—Reasonable force permitted to abate; must give D notice of the nuisance and D refuses to act
   • Public—Absent unique injury, public nuisance may be abated only by public authority