Trespass to Land, Chattel and Conversion

Question 1

TTL

Answer 1

One who intentionally enters the land of another. Or causes entry

Intent - Land of Another - Nuissance v. Trespass.

Can be liable for all damages as a result of trespass.

Question 2

TTC

Answer 2

The intentional intermeddling with the property of another (short of conversion)
Intent to possess or control a chattel.

Good faith belief and reasonable mistake not an excuse.

Lost use, dispossession, or actual damage of property.

Question 3

Conversion

Answer 3

One who intentionally exercises substantial. dominion over property of another.

Question 4

4 ways of doing this

Answer 4

Assume control of ppty. Deprive owner of the use of ppty.
Refuse to return on demand.
Destroy the ppty.

Question 5

Elements

Answer 5

Intent - intent to assume dominion over someone’s property. even if you had a good faith belief it dont matter.

Substantial dominion - we use restatement 222a factors to determine extent of dominion.

1. Extent and duration of control
2. Defendants intent to assert a right in fact inconsistent with the others right of control.
3. Actors Good faith.
4. Extent and duration of the resulting interference with the others right of control.
5. Harm done to chattel.
6. Inconvenience and expense caused to the other.