Intentional Torts to Property

Question 1

Trespass to Land/Prima Facie

Answer 1

To establish a prima facie case for trespass to land, the following elements must be proved: an act of physical invasion by defendant, intent by defendant to bring about a physical invasion of plaintiff’s property, and the physical invasion was caused by defendant or something set in motion directly or indirectly by defendant.

Question 2

Conversion/Prima Facie

Answer 2

To establish a prima facie case for conversion, the following elements must be proved: an act by defendant that seriously interferes with plaintiff’s right of chattel possession, intent to perform the act that interferes with right of possession, and the interference was caused by defendant or something set in motion directly or indirectly by defendant.

Question 3

Conversion/Innocent Conduct

Answer 3

Even if defendant’s conduct is wholly innocent (or defendant believed in good faith the chattel was his), he may still be liable if his interference is serious in nature.