Ch 3: Harms to Personal Property and Land Flashcards
(24 cards)
What is trespass to chattels?
An intentional interference with the plaintiff’s right of possession by dispossession or by use or intermeddling.
What intent is required for trespass to chattels?
Only the intent to do the interfering act is needed.
Is a defendant’s mistake of law or fact a defense in trespass to chattels?
No, it is not a defense.
What damages can a plaintiff recover in dispossession cases?
- Actual damages
- Loss of use
- Nominal damages
In use or intermeddling cases, when can a plaintiff recover damages?
Only when there are actual damages.
What may actual damages include in trespass to chattels?
- Decrease in value of the chattel
- Cost of repair
What is conversion?
An intentional act by the defendant that deprives the plaintiff of possession of a chattel or seriously interferes with its use.
What intent is required for conversion?
Only the intent to do the interfering act is needed.
What damages are awarded in conversion cases?
The full value of the converted property at the time of the conversion.
What factors distinguish trespass to chattels from conversion?
- Duration and extent of the interference
- Intent to assert a right inconsistent with the rightful possessor
- Defendant’s good faith
- Expense or inconvenience to the plaintiff
- Extent of harm to the chattel
What is required for trespass to land?
The intent to enter the land or cause a physical invasion.
Does transferred intent apply to trespass to land?
Yes, transferred intent applies.
Is proof of actual damages required for trespass to land?
No, nominal damages may be awarded.
What are the defenses available for trespass to land?
- Private necessity
- Public necessity
What is private necessity?
Allows a limited number of people to enter or remain on land to protect themselves or their property from serious harm.
What is public necessity?
Allows a trespass to protect a large number of people from public disaster.
What is private nuisance?
A substantial and unreasonable interference with another’s use or enjoyment of land.
What constitutes substantial interference in private nuisance?
An interference that would be offensive, inconvenient, or annoying to an average reasonable person.
What are the criteria for unreasonable interference in private nuisance?
- Per se nuisance
- Does not comport with customs/expectations
- Results from failure to use reasonable care
- Causes physical damage to land/fixtures
- Motivated by malice
Who can be an appropriate plaintiff in a private nuisance case?
Anyone with possessory rights in the real property or any member of that person’s household.
What is a partial defense in private nuisance?
Regulatory compliance.
What is public nuisance?
An unreasonable interference with a right common to the general public.
Who can be an appropriate plaintiff in a public nuisance case?
Private citizens who have suffered harm that is different in kind from the general public.
What remedies are available for nuisance?
- Damages
- Injunctive relief if the balance of equities supports it
