Intentional Torts to the Property

Question 1

Trespass to Land Elements

Answer 1

(1) physical invasion of the P’s real property (2) intent AND (3) causation

Question 2

Tresspass to Land - Physical Invasion

Answer 2

May be by a person or object (i.e. throwing a baseball onto a P’s land). If intangible matter, then –> nuisance.

Question 3

Trespass to Land - Intent

Answer 3

Intent to enter onto that particular piece of land (don’t have to know land belonged to another.)

Question 4

Trespass to Land - No requirement of Damages

Answer 4

No requirement of damages. P can recover without showing actual injury to the land.

Question 5

Trespass to Chattels Elements

Answer 5

(1) An act by D that interferes with P’s right of possession in a chattel (2) Intent (3) Causation and (4) Damages

Question 6

Trespass to Chattels - Intermeddling definition

Answer 6

directly damaging the chattel

Question 7

Trespass to Chattels - Damages

Answer 7

actual damages - not to chattel, but at least to a possessory right.

Question 8

Conversion Elements

Answer 8

(1) An act by D that interferes with P’s right of possession in a chattel (2) interference is so serious that it warrants requiring D to pay the chattel’s full value (3) intent And (4) causation