Intentional Torts - Property

Question 1

remedy for conversion of personal property

Answer 1

fair market value of the chattel at the time of conversion

Question 2

trespass to land

Answer 2

1) physical invasion
2) of plaintiff’s real property
3) intent
4) causation

Question 3

intent required for trespass to land

Answer 3

intent to enter onto that particular piece of land (defendant need not have known the land belonged to another)

Question 4

potential plaintiff’s in a trespass to land case

Answer 4

anyone in actual or constructive possession of the land

Question 5

damages required for trespass to land

Answer 5

none

Question 6

trespass to chattels

Answer 6

1) an act by defendant
2) that interferes with plaintiff’s right of possession in a chattel
3) intent
4) causation
5) damages

Question 7

conversion

Answer 7

1) an act by defendant
2) that interferes with plaintiff’s right of possession in a chattel
3) intent
4) causation
5) damages

Question 8

difference between “interference” element of trespass to chattels vs. conversion

Answer 8

For conversion, the interference must be serious enough in nature or consequences to warrant that the defendant pay the chattel’s full value…..

whereas for trespass to chattel, it need only be intermeddling (ie directly damaging the chattel) or dispossession (depriving plaintiff of his lawful right of possession of the chattel).

Question 9

Is a defendant’s mistaken belief that he owned the chattel at issue a defense to trespass to chattel and/or conversion?

Answer 9

No! Intent to do the act of interference is all that is needed.

Mistake as to ownership is no defense in either case!

Question 10

remedy for conversion

Answer 10

fair market value of the chattel, at the time of conversion (alternatively, plaintiff may instead recover the chattel, which is called replevin)