Trespass to Chattel

Question 1

What are the elements to Trespass to chattel?

Answer 1

1. D intentionally interferes 2. With D’s chattel 3. By physical contact or 4. By dispossession.

Question 2

What is the modern view to possession?

Answer 2

Both the person in possession and the person entitled to future possession may bring an action for trespass to chattel.

Question 3

What is the intent required for trespass to chattel?

Answer 3

The mere act upon the chattel. Good faith; a mistaken belief; D didn’t know or any other excuse is a defense.

Question 4

What conduct amounts to a physical contact with the chattel?

Answer 4

Any direct or indirect impairment of the chattel’s condition, quality or value.

Question 5

What conduct amounts to dispossession of the chattel?

Answer 5

1. Taking the chattel 2. Barring P access to the chattel 3. Destroying the chattel while it’s in the Plaintiff’s possession.

Question 6

How long must the dispossession consist of?

Answer 6

A short time is sufficient.

Question 7

In case of a physical contact of the chattel must Plaintiff prove damages?

Answer 7

Yes

Question 8

In case of a dispossession of the chattel what damages must Plaintiff prove?

Answer 8

Nominal damages