Torts - harms to interests in property

Question 1

trespass to chattels

Answer 1

1- intentional interference w/ P’s right of possession by either
a- dispossessing or
b- using or intermeddling w/ P’s chattel
2- only intent to do the act is required - transferred intent applies
3- mistake about legality is not a defense
4- damages limited to actual and loss of use where there is dispossession
5- remedy - compensation for diminished value or cost of repair

Question 2

conversion

Answer 2

1- intent to commit the act
2- interference w/ P’s right of possession (exercising dominion and control
3- so serious that it deprives P of use of the chattel based on
a- duration
b- intent to asset as right
c- D’s lack of good faith
d- extent of harm & P’s inconvenience
4- damages - full value of property

Question 3

necessity as a defense to trespass to land

Answer 3

1- private: qualified privilege for limited no. of people to enter land to protect won person/property from harm, not liable for trespass but responsible for actual damages
2- public: unqualified/absolute privilege to avert imminent public disaster, not liable for damage if actions reasonable or reasonable belief that necessity existed even if initial entry was not necessary

Question 4

trespass to land

Answer 4

1- intent to enter land or cause physical invasion, transferred intent applies
2- physical invasion of property
3- proper plaintiff includes anyone in actual or constructive possession of the land

Question 5

private nuisance

Answer 5

defined: substantial and unreasonable interference w/ another’s use or enjoyment of his land
1- proper plaintiff includes anyone w/ possessory rights in real property
2- interference must be intentional, negligent, reckless or result of abnormally dangerous condition
3- substantial - offensive to average reasonable person

Question 6

defenses to private/public nuisance

Answer 6

• regulatory compliance - admissible but not determinative

- coming to the nuisance - jury may consider but does not entitle to judgment as a matter of law

Question 7

public nuisance

Answer 7

1- unreasonable intereference w/ right common to general public
2- proper plaintiff includes private citizens suffering harm different in kind from general public

Question 8

remedies for private/public nuisance

Answer 8

• damages

- injunctive relief

Question 9

methods for abating private/public nuisance

Answer 9

private - reasonable force after notice given to D and D refuses to act

public - absent unique injury, may only be abated by public authority