Property intentional Torts

Question 1

Trespass to land-

Answer 1

Intentionally entering land (does not matter if you know its a trespass)
Owner, lessee, adverse possessor can sue
No proof of actual damages is required, nominal damages can be awarded, d is responsible for damage

Question 2

Defense to trespass to land

Answer 2

Necessity Is a defense for a person who enters the land to prevent serious harm.

Private necessity the interference is reasonably necessary to prevent harm= Owner is entitled to actual damages only

Public necessity
To protect a large number of people from fire/disease/invasion
The privilege is absolute- as long as D acts reasonably he is not liable for any damage to property as long as he reasonably believed that the necessity existed

Question 3

Trespass to Chattels-

Answer 3

Intentionally interfering with P’s right to possession by

1) Dispossession of the P’s Possession the chattel; or

2) The use or intermeddling with the P’s Chatter

only the intent to do the interfering act is necessary, the D need not have intended to interfere with another’s possession of tangible property

Question 4

Damages in Trespass to Chattels

Answer 4

Damages- In the case of a dispossession a p may recover
1) The actual damages caused by the interference;
2) The loss of use; and
3) nominal damages for the losses of possession when when no actual harm is establishes

in the case of use for a substantial time or intermeddling, the P may recover only when there are actual damages

Question 5

Conversion

Answer 5

An intentional act depriving the plaintiff of possession her chattel or interfering with with the plaintiff’s chattel in a manner so serious as to deprive the P of the use of the cattle
You don’t need to take property intentionally to do something bad, if something happens while you have it you are liable for the actual damages for the value of the item at the time of the version
In MBE you cannot convery intangible property unless it its physical from

Question 6

Conversion in VA

Answer 6

conversion is “any wrongful exercise of assumption of authority… over another’s goods depriving him of their possession, and any act of dominion wrongfully exerted over property in dental of the owners right or inconsistent with it- In Virginia, a D can convert intangible property rights that arise from or that are merged into a document