Intentional Torts to Property Flashcards
what are the 3 types of intentional torts to property?
(1) trespass to land
(2) trespass to chattels
(3) conversion
what is the prima facie case of (1) trespass to land?
(1) physical invasion
(2) of the plaintiff’s real property
(3) intent
(4) causation
trespass to land - (1) PHYSICAL invasion
The invasion may be by a PERSON or OBJECT (for example, throwing a baseball onto the plaintiff’s land is a trespass).
If INTANGIBLE matter (for example, vibrations or odor) enters, the plaintiff may have a case for nuisance, but not for trespass since those things are not considered physical.
trespass to land - (2) of P’s real property
real property includes not only the surface but also AIRSPACE and SUBTERRANEAN space for a REASONABLE DISTANCE
Note that the trespass claim belongs to the person with the right to POSSESS the property, and not necessarily the owner, meaning that if you enter a rented apartment without permission, the tenant has a claim against you, not the landlord.
trespass to land - (3) intent
The defendant need intend only to enter onto that particular piece of land.
The defendant need not know that the land belonged to another (i.e. do not need to know that you are someone else’s land - the act of being on someone else’s land is by itself sufficient)
damages for (1) trespass to land?
The plaintiff can recover without showing actual injury to the land.
what is the prima facie case for (2) trespass to chattels?
(1) Act by the defendant that INTERFERES with the plaintiff’s right of possession in a chattel
(2) intent – intent to do the act of interference is all that is needed
(3) causation
trespass to chattels – (1) act that interferes….
the interference may be two types: either:
a) INTERMEDDLING – directly DAMAGING the chattel; or
(2) DISPOSSESSION - depriving the P of their lawful right of POSSESSION of the chattel
trespass to chattels – (2) intent
Intent to trespass isn’t required;
intent to do the act of interference is all that is needed.
The defendant’s mistaken belief that they own the chattel is NO defense.
what type of damages are required for a trespass to chattels claim?
Actual damages—not necessarily to the chattel, but at least to a possessory right—are required.
what is the prima facie case for (3) conversion?
(1) Act by the defendant that interferes with the plaintiff’s right of possession in a chattel
(2) Interference is serious enough in nature or consequences to warrant that the defendant pay the chattel’s full value
(3) intent
(4) causation
what types of acts constitute acts of conversion?
Acts of conversion include:
- wrongful acquisition (theft),
- wrongful transfer,
- wrongful detention, and
- substantially changing, severely damaging, or misusing a chattel.
conversion – (3) intent
mistake as to ownership is no defense;
the only intent required is the intent to do the act that interferes with the plaintiff’s right of possession.
how serious must the ‘interference’ be?
The longer the withholding period and the more extensive the use, the more likely it is to be conversion.
A less serious interference is trespass to chattels
what ‘things’ are subject to conversion?
Only tangible personal property and intangibles that have been reduced to physical form (for example, a promissory note) are subject to conversion.
