Specific Torts

Question 1

Encroachment

Answer 1

Continuing trespass when D builds structure partly on P’s land
* Remedy: Injunctive Relief or Damages

Damages: Depends on if encroachment is
* Continuing tresspass: damages are rental value of occupied land
* Permanent trespass: damages are market value of occupied land

Injunction (equitable remedy): P must prove
* legal remedy inadequate (land unique, ejectment not possible if structure is too large)
* hardships weigh in P’s favor

Question 2

Conversion

Bona fide purchaser?

Answer 2

To prove conversion, P must show:

(i) there was an act by D that interfered with P’s right of possession in chattel;
* Ex. seriously damaged or destroyed chattel

(ii) act was serious enough to warrant that D pay full value of chattel,

(iii) D had intent to commit the act, and
* doesn’t matter if conduct was innocent

(iv) causation
* interference was legally caused by D’s act or something set in motion by D’s act

Damages: Plaintiff is entitled to the FMV of property at the time of conversion, plus interest as well as fair compensation for time/money spent pursuing property
* Punitive damages: may be awarded if D acted maliciously

Restitutionary Remedies
* Money damages: P entitled to reasonable value of benefit to D
* Replevin: P entitled to replevy chattel, BUT P does not have to take it back once it’s been converted, even if D wants to return it
* Constructive Trust: P can use tracing to impose constructive trust on converted chattel or its cash/property proceeds.
* Equitable Lien: P can impose lien on property or other property acquired with proceeds of converted chattel and seek any deficiency

Bona Fide Purchaser: If BFP purchases chattel, BFP is treated as a converter if chattel was stolen from true owner and therefore is liable for value of chattel on the date it acquired it
* P can seek money damages or replevy chattel from BFP
* Rationale: Thief does not have title to stolen property that he could’ve passed on to BFP

Question 3

Trespass to Land

Answer 3

P can prove trespass to land by showing:
(i) act of physical invasion on P’s property
(ii) D intended physical invasion (not necessarily trespass)
(iii) causation

Remedy: Injunctive Relief or Damages

Question 4

Bailment

Answer 4

In bailment, bailor transfer physical possession of personal proeprty to bailee, without transferring title. Bailee must return personal property to bailor.
* If bailment mutually benefits parties, bailee must exercise ordinary due care with bailor’s property (go through negligence steps)
* If bailor proves actual damages, can recover FMV of property at time of negligence

Question 5

Continuing Nuisance

Answer 5

Measure of Damages is:
* Value of loss of use and enjoyment of the property + costs incurred to try and abate nuisance + award for **discomfort or annoyance to occupant

Damages must be caused by:
* breach of duty
* All tort damages must be foreseeable, certain, and unavoidable

Notes:
* Calculated from time nuisance began up to filing of lawsuit
* NO recovery for future losses or damages (since D might stop nuisance)

Question 6

Permanent Nuisance

Answer 6

P can recover damages based on permanent diminution in property value
* Only need to prove that the nuisance practically can’t be abated

Question 7

Defense to Nuisance - Coming to the Nuisance

Answer 7

The fact that nuisance already existed when P moved to it is NOT GENERALLY A DEFENSE to P’s suit for injunctive relief