Intentional Torts to Property Interests Flashcards
What are the Intentional Torts to Property?
- TP to Land
- TP to Chattels
- Conversion
- Nuisance
What is TP to Land ?
Interference with the int. in exclusive poss. of land (right to exclude)
TP to Land - Elements
- Wrongful Phys. Invasion
- Of P’s Real Prop
- Intent
- Causation
Damages not required - P can recover nominal damages
TP to Land - Wrongful Phys. Invasion
- D enters P’s land w/out permission
- D remains on land without right to be there even if orig. entry was rightful OR
- D places tangible obj. on, or refuses to remove from P’s land
If it’s an intangible invasion - It’s a nuisance not a TP
TP to Land - Plaintiff’s Real Property
Airspace & Subterraneous Space - Air above & ground below land but only to reas. dist.
Reas. Distance - within a space that owner of prop. can reas. use
TP to Land - Intent
- D desired to enter the land or cause something to enter the land
- D knew that land entry was substantially certain to result
TP to Land - Is a defendant’s mistake a defense to TP to land ?
No, doesn’t matter if the D knows or doesn’t know that the D is TPing
Trespass to Land - When Defendant is tresspassing what is the D liable for?
The full extent of their harm caused during their TP
- Whether ot not it is their fault
TP to Land - What are the remedies for trespass to land
- Nominal caused, small sum
- All harm caused during trespass
- Ejectment, where sheriff removes someone off their land
What is Tresspass to Chattels ?
Int. Interference with a person’s use or poss. of a chattel (tang. pers. prop.)
TP to Chattels - Elements
- Intent
- Interference with a person’s right of poss. in chattel
- Causation - D causes harm to P’s prop
- Actual Damages
TP to Chattels - How is intent element satisfied?
D intentionally performs the phys. act that interferes with P’s chattel
- D liable even if he did not intend to TP & is acting in good faith
TP to Chattels - Interference with a person’s right of poss. in Chattel
Intermeddling - Phys. Contact Damages Chattel OR
Dispossession - Deprivation of the lawful right to poss. of Chattel
TP to Chattels - Damages
There must be actual damages
- Loss of poss., even if eventually returned unharmed, is sufficient for damages
TP to Chattels - Remedy
Damages - cost of repair or fair market value for time interfered with
Restitutionary - Replevin where law enforce. mandate is used to get the prop.
What is a conversion?
Subst. int. interf. w/ a pers. use or poss. of a chattel
- An int. exercise of dominion or control over chattel that seriously interferes with the right of another to control it
- that the actor may justly be required to pay the other the full value of the chattel
What are the elements of conversion?
- Intent
- Subst. Interference with P’s right of Poss.
- So severe that D justly required to pay full value of chattel
- Causation
Conversion - Intent
▵ need only intended to interf. w/ ∏s poss. of the prop.
Conversion - Subst. Interf. w/ P’s right of Poss.
Interf. subst. enough to amt. to the ex.of dom. or control
Conversion - So severe that D justly required to pay full value of the Chattel
Factors Distinguishing Conversion from Tres. to Chattels - Court Considers:
- Duration
- Good or Bad Faith
- Harm to Prop.
- Inconvenience to Vic
Conversion - Remedies
Damages = (Forced Sale) FMV at Time of Conversion BUT ▵ keeps prop
Possession = Replevin - the ∏ can recover possession
Conversion - Can a mistake be a defense
Not a defense
- D liable even though he didn’t intend to convert or recog. the legal impact of his action
Conversion - How is BFP of a converted asset liable?
If orig. converter sells to another person
- 3d party has satisfied the exercise dominion & control over P’s personal prop.
How is the doctrine of continuing trespass applied?
When a pers. takes prop. w/out intent to permanently deprive the true owner and later establishes intent to perm. deprive
- Original taking becomes a larceny
