Tort Class Injuries to Property

Question 1

trespass

Answer 1

Wrongful entry unto someones property (land) without their consent

1. the unauthorized entry upon another’s real estate
2. INTENT to enter without consent
3. tortfeasor’s actions interfering with the land owners exclusive, enjoyment right to use the land

Question 2

technical trespass

Answer 2

no actual harm resulted, but the injury simply occurred when the tortfeasor interfered with the landowner’s use to real property - nominal damages are usually awarded

Question 3

trespass above and below land

Answer 3

it is possible for trespass to occur in the air above ones land and under earth (wires, oil, gas, mineral law)

Question 4

toxic tort actions

Answer 4

modern tort litigation devoted to actions involving toxic chemicals pollution, hazardous waste disposal, and transportation and other environmentally sensitive issues

Question 5

toxic trespass

Answer 5

regards to toxic making its way onto someones land

1. unauthorized entry upon another person’s real estate (seepage or accumulation of the hazardous material)
2. tortfeasor’s intent to enter without consent (may be implied from the disposal method used)
3. tortfeasor’s actions interfering with the land owners exclusive right to use the land (toxic residue are highly offensive and potent invasion, making it uninhabitable)

Question 6

trespass to chattel

Answer 6

regards personal property (not real)

1. unauthorized possession of or interference with the use of another’s personal property
2. intent to deprive (or interfere with) the owner’s possession or exclusive use of his or her chattel

Question 7

conversion

Answer 7

1. any acts depriving the owners of a chattel
2. INTENT to deprive possession and CONVERT the property to ones own use
3. nonconsent

Question 8

scope of deprivation

Answer 8

some courts rule that deprivation must be extensive as to suggest a desire to deprive; most courts maintain that conversion has occurred simply b/c the tortfeasor deprived the owner of Dominion and Control (regardless of length)

Question 9

Methods of depriving

Answer 9

1. physical possession
2. damage or destruction of the personal property
3. simply through use

Question 10

slander of title

Answer 10

can apply to any type of property that has a title

• a lie about whether someone owns a property or not (title search for liens)
  1. false statements regarding a person’s ownership of property
  2. intent to hinder or damage the owner’s use of the property
  3. communication of the false hoods to third parties

Question 11

Commercial dispargement

Answer 11

false statements communicated to third parties about a person’s goods, service, or business enterprise that hinders business
- INTENT to conflict with the business (not the person)

Question 12

defamation by computer

Answer 12

deals with posting false information about one’s credit information ratings