Flashcards in Intentional Torts Against Property Deck (25)
Trespass to Land elements?
D must commit act of physical invasion
Act must interfere with P's exclusive possession of land.
The "act of physical invasion" can be accomplished in either of the following two way:
Enter the property (on foot or by vehicle)
Throwing something onto the land
Is a mistaken entry still actionable as a trespass?
What is the only intent required for a trespass?
To pass onto the land, NOT necessarily someone else's land
Is inadvertent invasion onto someone's land actionable as a trespass?
To accomplished a trespass by throwing, what must be true of the object thrown?
It must be tangible and physical
In trespass, who is the proper plaintiff?
The person in legal POSSESSION of the land, not the owner.
I rent a home and D comes into my home without my permission. Who has the claim--me or my LL? Explain.
I am in possession
A person's interest in land included the _____ and _____, within a reasonable distance.
Air above and Soil Below
Little kid throws something through my yard, touches nothing, and the object lands on the public street on the other side. Trespass? Explain.
Little kid doesn't matter b/c there are no incapacity defenses.
object physically invaded my land
It interfered with my possession of the land
Trespass to Chattels elements? (4)
An act by D that interferes with the plaintiff's right of possession in a chattel;
Personal property includes everything you own other than . . .
Land or buildings
Under trespass to chattels, there are two types of interference: the interference may either be a ______ or a _____.
If the degree of interference is relatively minor, do we pick trespass to chattels or conversion
T to C
If the degree of interference is relatively serious, we pick trespass to chattels or conversion?
What is an intermeddling?
Direct damage to chattel
What is a dispossession?
Depriving P of his lawful right of possession of a chattel
Under trespass to chattels, intent to ______ is not required. Intent to do __________________ is all that is needed.
Do the act of interference.
The defendant's mistaken belief that he owns the chattel at issue is/isn't a defense under trespass to chattel.
Elements of Conversion? (4)
An act by D that interferes with plaintiff's right of possession in a chattel;
The interference is so serious that it warrants requiring D to pay the chattel's full value;
In conversion, you recover what?
The full market value of the item.
In trespass to chattel, you recover what?
Cost of repair.
Acts of conversion include wrongful ___, wrongful ______, wrongful ______, and substantially ______, severely damaging, or misusing a _____
Only tangible ___ _____ and intangibles that have been reduced to _____ _______ (e.g., promissory note) are subject to conversion