Trespass to Chattel

Question 1

When does trespass to chattel arise?

Answer 1

Δ commits an intentional act that interferes with P’s chattel (personal property) causing harm

Question 2

What are the elements of trespass to chattel?

Answer 2

1. Intent
2. Interference
3. with P’s Chattel (personal property)
4. cause Harm

Question 3

Hos is the element of intent satisfied for trespass to chattel?

Answer 3

Δ intentionally performs the physical act that interferes with plaintiff’s chattel

Mistake is not a defense thus Δ is still liable

Question 4

What does chattel mean?

Answer 4

tangible personal property or intangible property that has a physical representation, such as a promissory note, or documents in which title to a chattel are merged, such as warehouse receipts or bills of lading.

Question 5

What conduct (interference/intermeddling) gives rise to trespass to chattel?

Answer 5

Δ uses or

Δ borrows w/o authorization

Δ damages a chattel of another in a significant enough way in which we are willing to award damages. —- Was it enough of a dispossession

Question 6

How is the element of harm satisfied?

Answer 6

Have to show actual damages that is not insignificant

including a valuse of loss of use

Remedy can include replevin