Trespass to Chattels

Question 1

Trespass to Chattels definition

Answer 1

Defendant is liable for trespass to chattels when the defendant voluntarily, without consent or privilege to do so, uses or otherwise intentionally intermeddles with a chattel, which is in possession of another if:
(a) The chattel is impaired as to its condition, quality, or value;
(b) The possessor is deprived of the use of the chattel for a substantial time; or
(c) Bodily harm is thereby caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest

Question 2

TPC Elements

Answer 2

Voluntary: without outside influence; of one’s own free will

Acts: external manifestation of actor’s will

Intent:
o Specific: purpose or desire to produce the consequences
o General: if the defendant sets in motion a chain of events knowing with substantial certainty the outcome is likely to occur
o Transferred: trying to commit a tort against one person, but accidentally committing it against another person

Intermeddles with a chattel

In possession of another

Chattel is impaired:
o Its condition
o Its quality
o Its value

OR possessor is deprived of the chattel:
o For a substantial time

OR bodily harm is caused:
o to the possessor

OR harm is caused:
o To some person, OR
o Thing, AND
o Possessor has LEGALLY PROTECTED INTEREST

ACTUAL DAMAGES TO CHATTEL IS REQUIRED

Question 3

TPC Sub Rules

Answer 3

• Innocent mistake is not an excuse for intent
• Harmless intermeddling or annoyance is not enough for trespass to chattels
• Plaintiff can use reasonable force to recover chattel
• Chattel does not need to be physically dispossessed, but plaintiff must at least prove that their chattels were substantially interfered with
• You need to show defendant has intent to use and brought physical harm or deprive the plaintiff of use of the chattels for a substantial time.
  o Do not need to be malicious in the intent to harm or deprive, just show intent to use chattel without permission

Question 4

TPC Damages

Answer 4

An individual may not maintain an action for trespass to chattels, unless he has suffered actual damages as a result of the trespass (unlike regular trespass)