torts

Question 1

self defense

Answer 1

defendant is justified in using physical force from what she “reasonably believes to be the use or imminent use of unlawful physical force by that other person and

reasonable apparent threat to safety and force employed is not excessive in degree (rule explaination)

Question 2

defense of property

Answer 2

• use least force reasonably effective

in defense of property:
- must prove
- plantuff was trespassing
- least force that is reasonably expected to be effective in defense of property
- ask trespasser to leave or believes asking would be useless

Question 3

trespass to chattel defense

Answer 3

• trespass to chattel
  
  • must be immediate response
  • once other person has possession; you must go to court

Question 4

conversion

Answer 4

defendant intentionally exercise substantially dominon or control over plantiffs property interferring seriously w plantiffs rights

elements

• intention exercise of dominion or control
  
  • doesn’t necessarily have to be evil
  • mistake is NOT a defense
• over the chattel of another
• substantial dominion is exercised (factors)
  
  • extent and duration of control
  • intent to assert a right to the property that is inconsistent w plantiffs ownership
  • defendant is good faith
  • amount of actual interference w plantiffs right to use chattel
  • harm done
  • expense or inconvenient cause to plantiff
  • controlling access

Question 5

trespass to chattel

Answer 5

trespass to chattel: (actual damage done)

defendant intentionally intefers w chattel of another, such interference occurs and plantiff is harmed

• intent to interfere w chattel of another
  
  • enough for defendantt to intend to act upon the property (not accidental)
• such interference occurs
  
  • harm to plantiff
• plantiff is harmed
  
  • to plantiff or someone or something in which P had legal interest
  • actual dispossession
    
    • p access to chattel is barred or substantially limited for something more than a few moments