Intentional Torts to Property

Question 1

Elements of Trespass to Land

Answer 1

1. Act, 2. Intent to enter land, 3. Interference with P’s exclusive possession of land, 4. c/f, 5. Injury (presumed)

Question 2

Trespass to Chattel

Answer 2

1. Act, 2. Intent to dispossess or intermeddle, 3. Dispossession of or intermeddling with the chattel, 4. c/f, 5. Injury presumed for dispossession, harm/damage needs to be shown for intermeddling (damage to the actual thing or damages based on loss of use subst. time)

Question 3

What is dispossession?

Answer 3

Destroying the P possession or control

Question 4

How can you distinguish dispossession from intermeddling?

Answer 4

In dispossession, the D thinks “this is mine”. Intermeddling, the D always recognizes it is P’s.

Question 5

What is intermeddling?

Answer 5

Touching, messing with the chattel.

Question 6

What happens if someone is messing with someone else’s chattel and destroys it on accident?

Answer 6

Changes to dispossession