Torts Rules

Question 1

Conversion

Answer 1

The intentional interference with the P’s right of possession in the chattel that is serious enough to warrant that the D pay the full value of the chattel. Remedy for conversion is fair market value of the chattel at the time and place of conversion.

Question 2

Intentional Mispresentation

Answer 2

To establish prima facie case for intentional misrepresentation requires:

(i) a misrepresentation made by D;
(ii) knowledge of wrongdoing;
(iii) an intent to induce P’s reliance on the misrepresentation;
(iv) justifiable reliance; &
(v) damages

**note sometimes there is a requirement that whatever is being discussed is material past or present fact.

Question 3

Actual Injury (re. Defamation)

Answer 3

When a defamatory statement involves a matter of public concern, the P must prove actual injury. Actual injury may look like out of pocket loss and impairment of reputation, public humiliation and anguish.