Trespass: Exclusion & Access Cases Flashcards
P’s neighbor purchased mobile home from D, which included delivery. D found the easiest route was across pea’s Lam so they asked me several times for permission all to no avail. D sold home and day of move, P again refused. D still moved across his land. Neighbor told P and he called the sheriffs department and the issue a $30 citation to D.
Can punitives be awarded?
Yes. D is guilty of intentional trespass and punitive can be awarded without compensatory damages.
Jacque and society have an interest in protecting private property. People expect appropriate punishment and the court wants to deter similar behaviors. Nominal damages are awarded when damage cannot be quantified, and they signify a dignity harm has been felt, an a front to their dignity.
- use-right and lack of exclusion right protected
- privacy/personhood right protected
Cherry can award punitive damages for intentional trespass without compensatory and where nominal were awarded
- incentivized people to seek advanced permission
Jacque v. Steenberg Homes, Inc. (1997)
Employees of investigative news program pose as potential patients of an ophthalmic surgery practice. The practice gave them permission to film inside and interview doctors technicians under the premise they would do a fair and balance report. ABC released an extremely critical report.
Was this considered trespass?
No. There was no invasion any of a specific interest at tort of trespass seems to protect. No embarrassingly intimate details were publicized no eavesdropping no violation of Dr-patient privilege. No theft, intent to steal trade secrets, disruption of decorum of peace and quiet no noisy or distracting demonstrations.
no trespass when it does not violate the tort
Desnick v. American Broadcasting Co.
Dee is entered onto the property to help migrant farm workers employed and house there. D’s refused to leave upon owners demand —> D’s charged with violating NJ statute (criminal) “ any person who trespasses on any lands after being forbidden so to trespass by the owner… is a disorderly person and shall be punished by fine or not more than $50.”
Is it trespass?
No. Cannot deny the worker has privacy or interfere with his opportunity to live with dignity and to enjoy associations customary among our citizens. These rights are too fundamental to be denied and too fragile to be left to the unequal, bargaining strength of the parties.
- strong public policy argument based on federal law
- court does not deem the workers as tenant (licensee) but they should be allowed to visitors
Case NOT good guidance for access v. exclusion rights—which is preferred. That depends on (1) nature of property, (2) land owner’s interest; very specific inquiry
Agency workers with a mission to protect migrant. Workers are not liable for trespass when they come on a private property seeking to a migrant worker employed there
State v. Shack (1971)
Casino has excluded P from blackjack tables because P’s strategy of card counting increases chances of winning
Can they exclude him?
No. All gaming rules are made by the commission and no indication that he violated those rules.
He does not threaten the security of any casino, occupant nor disrupted functioning and possesses right of reasonable access to the blackjack tables
a blackjack player a casino has a right of reasonable access to property open to the public if he does not threaten its security or disrupt functioning
- but casinos not typically considered “public”
exclusion can’t be granted unreasonably and there’s a duty not to discriminate
Ustinov. Resorts International Hotel
