Intentional Torts to Property

Question 1

To establish a prima facie case of conversion, the following elements must be proved:

Answer 1

(i) an act by defendant interfering with plaintiff’s right of possession in the chattel, (ii) intent to perform the act bringing about the interference with plaintiff’s right of possession, (iii) causation, and (iv) damages-an interference that is serious enough in nature or consequence to warrant that the defendant pay the full value of the chattel

Question 2

The key testable elements for trespass to land are:

Answer 2

• Physical invasion (by person or object)
• Of the plaintiff’s real property (airspace and subterranean)

Question 3

What is the intent for trespass?

Answer 3

need intend only to enter onto that particular piece of land. The defendant need not know that the land belonged to another

Question 4

The key testable element for trespass to chattels is:

Answer 4

Act by the defendant that interferes with the plaintiff’s right of possession in a chattel

• can be either damaging the shit or taking

Question 5

The key testable elements for conversion are:

Answer 5

• Act by the defendant that interferes with the plaintiff’s right of possession in a chattel
• Interference is serious enough in nature or consequences to warrant that the defendant pay the chattel’s full value

Question 6

Remedies for conversion:

Answer 6

The plaintiff may recover damages (fair market value at the time of conversion) or possession (replevin)