Intentional Torts to Property Flashcards
Trespass to Land?
1) Physical Invasion
2) of the Plaintiff’s real property
Who can do a physical invasion?
A person or object (throwing a baseball on to Land).
Can intangible matter Trespass to Land?
No, but P may have a case for nuisance.
Who can make a Trespass claim?
Anyone with the right to possess the property. If someone comes in 1L, Brendan can proceed for Trespass but not Cayuga.
Intent for trespass?
As long as Defendant entered restricted space.
Defendant doesn’t have to intend to Trespass.
Damages for trespass?
P can recover with showing actual injury to land.
Trespass to Chattels?
1) Act by defendant
2) that interfere with
3)the plaintiff’s
4)right of possession of the chattel.
What are the two types of interference to chattel?
1) Inter-meddling
2) Dispossession
What is Inter-meddling?
Someone directly damages chattel
What is dispossession?
D deprived P of their lawful right to possession of chattel
What type of intent required for T2C?
An intent do the act of interference is all that is needed.
Is mistaken belief of ownership a defense for T2C?
No.
Damages in T2C?
Actual damages at least to possessory right is required.
Remedies in T2C?
Recovery of actual damages from harm to chattel/loss of use.
What is conversion in T2C?
1) Act by defendant
2) That interferes with Plaintiff’s right of of possession in chattel
3) that is serious enough in nature/consequences to warrant Defendant pay chattel’s full value.
Conversion in Plain English
Interference with Plaintiff’s right of possession so serious as to warrant D pay full value of Chattel.
What is an example of conversion?
You break it you buy it in a gift shop.
What types on conversion are there?
1) Theft
2) Wrongful transfer
3) Wrongful detention
4) Substantially changing
5) severely damaging
6) misusing a chattel
Conversion time lengths
Longer withholding period, and more extensive the use, more likely conversion to be found.
If it’s short, likely just to be Trespass to Chat.
Conversion subject matter
Tangible personal property
Intangibles reduced to physical form (promissory note)
Remedies in Conversion?
1) Damages (fair market value at time of conversion)
2) Possession
