Intentional Torts to Property

Question 1

Intentional Torts to Property

Answer 1

1. Trespass to Lands
2. Trespass to Chattels
3. Conversion

Ne requirement for Damages

Question 2

Trespass to Land

Answer 2

1. D must commit an act of physical invasion
2. There must be interference with Ps possession of the land
3. Intent; and
4. Causation

Question 3

Types of Physical Invasion to Property

Answer 3

1. Entering the property
2. Or the D throws an object onto the land

Question 4

Entrance to the Property

Answer 4

• D does not need to know he has crossed a boundary line
  
  • He did intend to be there by putting one foot over the other, he does not need to be acting in defiance of another’s property rights (it is your job to know where you are)
• Not liable if you are tossed onto the property involuntarily

Question 5

Throwing an object onto the Property

Answer 5

• Thing thrown has to be a tangible object
• Throwing intangible forces is not a trespass
  
  • Ex: sight, sound, smell

Question 6

Interference with the Ps possession of the land Rules

Answer 6

• COA for trespass belongs to the party in possession, not the owner of the property
  
  • Ex: renter has COA, not landlord
• Your right of possession is not limited to physical property:
  
  • It is limited to the air above and soil below in a reasonable distance
    
    • Ex: airplane airspace versus air right above your house

Question 7

Damages for Trespass to Land

Answer 7

P can recover without showing actual injury to the land

Question 8

Trespass to Chattels

Answer 8

1. D interferes with Ps right of possession in a chattel
2. Intent
3. Causation; and
4. Damages

Question 9

Property for Trespass to Chattels

Answer 9

Personal property is anything you own except land and buildings

Question 10

Types of Interference with Ps property for Trespass to Chattels

Answer 10

1. D can intentionally damage the item
2. Or the D can take it away from you

Question 11

Intent required for Trespass to Chattels

Answer 11

• Intent to trespass is not required; intent to do that act of interference is all that is needed
• Ds mistaken belief he owns the chattel is not enough

Question 12

Damages for Trespass to Chattels

Answer 12

• Actual damages - not neccessarily to the chattel, but at least to a possessory right - are required
• Remedy is cost of repair

Question 13

Conversion

Answer 13

1. An act by D that interferes with Ps right of possession in a chattel
2. the interference is so serious that it warrants requiring D to pay chattel’s full value
3. Intent; and
4. Causation

Question 14

Property for Trespass to Conversion

Answer 14

Personal property is anything you own except land and buildings

Question 15

Types of Interference with Ps property for Trespass to Conversion

Answer 15

1. D can intentionally damage the item
2. Or the D can take it away from you

Question 16

Acts of Conversion

Answer 16

1. wrongful acquisition (theft)
2. wrongful transfer
3. wrongful detention
4. substantially changing the chattel
5. severely damaging the chattel
6. misusing the chattel

Question 17

Intent Required for Conversion

Answer 17

• Intent to trespass is not required; intent to do that act of interference is all that is needed
• Ds mistaken belief he owns the chattel is not enoug

Question 18

Seriousness of Interference for Conversion

Answer 18

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

Question 19

Subject matter of conversion

Answer 19

Only tangible personal property and intangibles that have been reduced to physical form (e.g. a promissory note) are subject to conversion

Question 20

Potential Plaintiffs for Conversion

Answer 20

Anyone with possession or immediate right to possession of the chattel

Question 21

Damages for Conversion

Answer 21

• Possession (replevin)
• Full Market Value
  
  • Not merely cost of repair
  • Its essentially a forced sale
    
    • You break it, you buy it