Tort Flashcards
What are the elements required to establish a prima facie case of trespass to chattels?
- An act by defendant interfering with plaintiff’s right of possession in the chattel
- Intent to perform the act bringing about the interference with plaintiff’s right of possession
- Causation
- Damages
These elements must all be proven to establish a prima facie case.
What is the purpose of trespass to chattels?
To protect a person against interferences with his right to possess his chattels.
This legal concept is designed to ensure that individuals can maintain control over their personal property.
What are the two forms of interference in trespass to chattels?
- Intermeddling
- Dispossession
These forms describe different ways in which a defendant may interfere with a plaintiff’s possession of their chattels.
Define intermeddling in the context of trespass to chattels.
Conduct by defendant that in some way serves to directly damage plaintiff’s chattels, e.g., denting plaintiff’s car, striking plaintiff’s dog.
Intermeddling involves direct physical interference with the chattel.
What is dispossession in the context of trespass to chattels?
Conduct on defendant’s part serving to dispossess plaintiff of his lawful right of possession.
Dispossession refers to actions that remove or deny the plaintiff’s control over their property.
Is a mistake regarding the lawfulness of the defendant’s actions a defense in trespass to chattels?
No, a mistake as to the lawfulness of defendant’s actions is no defense.
This means that believing one has the right to interfere with another’s property does not exempt them from liability.
What intent is required to establish trespass to chattels?
Intent to do the act of interference with the chattel is sufficient.
The defendant does not need to intend to trespass; they only need to intend the action that causes the interference.
Who may bring an action for trespass to chattels?
Anyone with possession or the immediate right to possession may maintain an action for trespass to chattels.
This includes individuals who currently possess the chattel or have a legal right to possess it.
What is the affirmative duty to act?
A defendant who voluntarily aids or rescues another has a duty to use reasonable care when rendering aid or performing a rescue.
What is the assumption of duty?
A duty that arises when a defendant voluntarily takes on the responsibility to aid or rescue another person.
What creates a duty to exercise reasonable care?
A defendant whose conduct creates foreseeable risk of harm or places another in peril has a duty to exercise reasonable care to prevent further harm by rendering care or aid.
How is a duty to use care established by contract?
There is a duty to use care when performing contractual obligations.
What is the duty by authority?
A duty to exercise reasonable control over a third party whom the defendant has the actual ability and authority to control.
What are examples of duty by authority?
- Parent over child
- Custodian over person in custody
- Employer over employee
- Mental-health professional over patient
What is the duty by relationship?
A duty to protect, aid, or assist a plaintiff with whom the defendant shares a unique relationship.
What are examples of duty by relationship?
- Business proprietor with patron
- Common carrier with passenger
- Innkeeper with guest
- Employer with employee
- Parent with child
What is the duty by statute?
A statute imposes an obligation to act for another’s protection.
What is the duty of a land possessor?
A duty to mitigate risks posed by natural or artificial conditions on land.
Under what condition does a person have a duty to control another?
A person generally has no duty to control another unless the parties share a special relationship.
What is the special relationship between mental-health professionals and their patients?
Mental-health professionals have a duty to use reasonable care to identify dangerous patients and mitigate the risks they pose to others.
What must a mental-health professional do when a patient makes a credible threat of physical violence?
They have a duty to warn the would-be victim or take other steps to mitigate the risk posed by the patient.
