Trespass

Question 1

That is trespass to land?

Answer 1

An act done with the intent to cause a physical invasion of another’s real property, and a physical invasion occurs

Question 2

What is tresspass to Chattel?

Answer 2

An act done with the intent to interfere with a person’s right of possession in their personal property, interference occurs and there are damages.

Question 3

What is conversion of Chattel?

Answer 3

An act done with the intent to interfere with one’s possessory interest in their property, interference occurs that is so substantial that it warrants full replacement.

Question 4

If you steal a car, and upgrade it to the point of it being unrecognizable, is this still a conversion?

Answer 4

yes, Changing the character of the item is conversion, even if you were to improve the item.

Question 5

Are damages necessary to prove the trespass of Chattel?

Answer 5

Yes, damages are a necessary element of trespass of Chattel.

Question 6

Are Damages necessary to prove the conversion of chattel?

Answer 6

No, damages don’t need to be proved

Question 7

What is interference in trespass of Chattel?

Answer 7

dispossessing another of the chattel, or using or intermeddling with chattel

Question 8

How is dominion determined

Answer 8

Through the extent or duration of the conversion, Defendant’s assertion of a right to the property, defedant’s good faith, harm done, expense or inconvenience caused.

Question 9

What defined chattel

Answer 9

Chattel is tangible and moveable property

Question 10

Which of these things are not considered Chattel?

Stocks, electronic information, bonds, commercial paper, biological materials

Answer 10

electronic information and biological materials

Question 11

Define trover

Answer 11

The value of an item at the time of conversion

Question 12

Define replevin

Answer 12

To return the item to its owner

Question 13

What is a Bona Fide Purchaser

Answer 13

Someone who buys a chattel for value but without notice that the seller (a converter) does not have a title and it cannot be transferred to the purchaser.

Question 14

what are the elements to trespass on the land?

Answer 14

1. Ownership or possesory intrest in the land.
2. Defendant intentionally and tangibly entered the land without authorization
3. Harm to the plaintiff’s interest in exclusive possession.

Question 15

What is land

Answer 15

the surface, everything below and above

Question 16

Is there intent for trespass if it is done by mistake?

Answer 16

Yes, knowingly entering land, even if the trespass is a mistake is still intentonal

Question 17

If someone is on land owned by another and they have permission or it is due to an emergency, when does this become a trespass?

Answer 17

After the permission has expired or the emergency has ended

Question 18

Which of these is not a tangible invasion?

noise, odor, light?

Answer 18

All are not considered a tangible invasion