Intentional Torts to Property

Question 1

(Elements)

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. ‘Legal’ Injury (presumed) … (not literal injury, infringement)

(2) D does not have to know that is P’s – only needs intent to enter
D is still liable…
- Does not know P owns land
- Thinks he has consent of possessor
- Think he owns the land
- Reasonably tries not to enter land if there is intent
(3) Does not have to be a person, can throw something on land
(4) But-for the interference with exclusive possession of land, would injury have occurred?
(5) Legal injury happens when D steps on land and nominal damages will be immediately recoverable

• Land is down to the core and all the way up to the sky

Question 2

Mistakes and precautions

Answer 2

DO NOT NEGATE INTENT

Question 3

Trespass to Chattel

Answer 3

1. Act
2. Intent – to dispossess or intermeddle (purpose/KSC)
3. Dispossesion or Intermeddling of P’s chattel
4. C/F
5. Injury (Dispossession - presumed injury; intermeddling requires actual damage/harm)

Question 4

Act/Mentality/Harm

Dispossession

Answer 4

Act: Destorys - possession or P’s ability to control
Mentality: D thinks “this is mine”
Harm: presumed

can even be for a little amount of time

Question 5

Act/Mentality/Harm

Intermeddling

Answer 5

Act: Touching/messing with P’s chattel … damage to use or loss for substantial amount of time
Mentality: Always recognizing it is P’s
Harm: Actual harm

Question 6

(Elements)

Conversion (Elements)

Answer 6

1. Act
2. Intent to dispossess or intermeddle with P’s chattel (Purpose or KSC)
3. Serious interference with P’s exclusive possession of personal property
4. C/F
5. Injury – presumed (but actual damage/damage)

COMPLETE DESTRUCTION (even if good faith)

Factors to consider if a interference with chattel is serious enough to be conversion are:
- Harm done to the chattel
- Extent and duration of actor’s exercise of control
- Actor’s intent to assert a right in fact inconsistent with the other’s right to control
- Inconvenience and expense caused to P

HI-EA