Intentional Torts to Property Flashcards
PFC for trespass to land
- ACT of physical invasion by a person or object of P’s real property by D
- intent to enter … dont need to know land belonged to another
- causation
the physical invasion onto a P’s land must be by what type of act?
a deliberate act
If an intangible matters enters one’s property (ie vibrations or odor), is it a trespass?
NO. but it could be a case for nuisance
The trespass claim belongs to the person with the right to?
right to possess the property
What type of intent is needed for trespass to property
D only need to intend to enter do not need to know that land belong to another
What kind of damages for trespass to land
P can recover without showing actual injury to land
PFC for trespass to chattels
- ACT by D that interferes with P’s right of possession in a chattel
- INTENT Intentional act that interferes with P’s personal property
- Causation
- Damages
List (2)
What types of “interference” can be done D that are considered to affect P’s right of possession in the chattel
- D directly damaging P’s chattel -OR-
- D deprives P of their lawful right to possession of chattel
THEREFORE, A plaintiff can recover for loss of use of the chattel without proof of actual harm (eg, damage to the chatte
defense
What type of intent is needed for trespass to chattels
Intent to do act that brings the interference
NOTE: a mistake of law or fact, that he/she was privileged to act is no defense to a trespass-to-chattels action even if the mistake was reasonable.
What kind of damages for trespass to chattels
A plaintiff can recover for loss of use of the chattel without proof of actual harm (eg, damage to the chatte
PFC for conversion
- Act by D that interferes SO seriously with P’s right of possession that D has to pay P full chattel’s value
- Intent to do act that brings about interference w P’s right of possession
- Causation
- Damages
For conversion, the defendant must have the intent to __________ with the plaintiff’s right of possession.
Perform the act that interferes with P’s right of possession.
iow: the intent involved refers to the physical act that results in the conversion, not to the defendant’s desires regarding the ultimate disposition of the property.
NOTE: good-faith is irrelevant in a conversion action (i.e. D took a boardgame that he, in good-faith, believed was his)
Small harm? think -
big harm? think -
chattels - smaller because 8 letter
conversion - bigger because 10 letters
conversion vs. chattel - think of conversion as being more than a 50% damage to the property
A college student borrowed his roommate’s notebook computer without permission because he needed to write a term paper that was due the next day. While the computer was sitting open on the student’s desk overnight, a water pipe in the ceiling began leaking and water dripped down on the computer, rendering it inoperable. A computer repair service estimated that it would cost $500 to repair all the damaged components. At the time it was damaged, the computer was worth $700.
If the roommate sues the student for the damage caused to the computer, what will be the extent of his recovery?
A Nothing, because the damage occurred through no fault of the student.
B Loss of use damages for the time it was in the student’s possession.
C $500 in damages.$500 in damages.
D $700 in damages.
D $700 in damages.
Here, the student interfered with the roommate’s right of possession in the computer by taking it without permission, and it sustained damages of over 70% of its value while in the student’s possession. Hence, the student has committed a conversion.
Value of computer - $700 (half of that is $350)
Value of repair - $500 (which is greater than the 50% value of the computer, which is $350)
What remedy for conversion
fair market value at time of conversion
What remedy for chattels
cost of repair
list (3)
When a chattel is located on the land an innocent party, the owner is privileged to
Enter the land and reclaim chattel at a
- reasonable time and
- peaceful manner
- when** landowner has been given **notice of the presence of the chattel and refuses to return it
list (3)
When a chattel is located on the land of a wrongdoer, the owner is privileged to
Enter the land and reclaim chattel at a
- reasonable time and
- in a reasonable manner
- usually need to demand return of the chattel from the wrongdoer before entering land
When a chattel is located on the land of another through the owner’s fault, the owner
has NO privilege to enter upon the land and can only recover chattel through legal process
Does the owner owe damages that result from entry on to a innocent party’s land?
What type of damages?
YES, the owner will be liable for actual damages that are caused by entry onto the innocent party’s land when the owner enters the land to reclaim his respective chattel
trespass to land
is it a defense to trespass if:
D mistakenly believes that their entry upon a piece of land was lawful
No, it is not a defense as long as the D intended to enter upon that piece of land.
REMEMBER: the intent sufficient enough to find a claim for trespass is intent to enter
Example: Farmer relies on boundary markers placed by a reputable land surveyor. Farmer clears land for cultivation which he believes is his. In fact, he is mistaken, and he clears land that belongs to his neighbor. Farmer is liable to Neighbor for trespass
Even a bona fide purchaser is liable for conversion when he takes possession of personal property which another has a superior right to possess.
For the tort of conversion there is no requirement that the converter intend to wrongfully deprive the owner of the property. The intent needed is intent perform the act which in turn ends up interfering with P’s right of possession (even if D didn’t know they were interfering)
What is the key difference between trespass to chattels and conversion?
The seriousness of the interference with the plaintiff’s possession.
With regard to a trespass to chattels, intermeddling is defined specifically as conduct that:
Directly damages a plaintiff’s chattel
The tort of conversion does not require that the defendant damage the chattel or permanently deprive the owner of the chattel.
All that is required is that defendant’s volitional conduct result in a serious invasion of the chattel interest of another in some manner.
