Trespass to Chattels Flashcards
(9 cards)
What is the intentional tort of trespass to chattels?
Occurs when the defendant causes or is a substantial factor in bringing about an interference with the plaintiff’s right of possession in personal property.
Requires actual damages; nominal damages are insufficient.
What must a plaintiff show to hold a defendant liable for trespass to chattels?
Actual damages, which may include:
* Dispossession of the chattel
* Impairment of the chattel’s condition, quality, or value
* Deprivation of use for a substantial time
* Bodily harm or harm to a legally protected interest
Dispossession occurs when the defendant totally dispossesses the plaintiff of his personal property.
What constitutes dispossession in trespass to chattels?
Total dispossession of the plaintiff of his personal property, such as by stealing or wrongfully asserting control.
Dispossession must be complete to qualify under this tort.
Is bad faith required for liability in trespass to chattels?
No, there is no requirement that the defendant act in bad faith or intend to interfere with the rights of others.
Even a reasonable mistake regarding property identity is not a defense.
What is the intentional tort of conversion?
Occurs when the defendant causes or is a substantial factor in bringing about an interference with the plaintiff’s right of possession in personal property, seriously interfering with the plaintiff’s right to control it.
May require the defendant to pay the full value of the personal property.
What must a plaintiff show to hold a defendant liable for conversion?
Actual damages, which may include:
* Dispossession of the chattel
* Impairment of the chattel’s condition, quality, or value
* Deprivation of use for a substantial time
* Bodily harm or harm to a legally protected interest
Similar to trespass to chattels in the requirement of showing actual damages.
What are the factors identified in Restatement (Second) of Torts § 222A for determining the seriousness of interference in conversion?
Factors include:
* Extent and duration of the defendant’s exercise of dominion and control
* Defendant’s intent to assert a right inconsistent with the plaintiff’s control
* Defendant’s good faith
* Extent and duration of resulting interference
* Harm done to the chattel
* Inconvenience and expense caused to the plaintiff
These factors help assess the severity of the interference.
True or False: Nominal damages are sufficient to establish liability for trespass to chattels.
False
Actual damages must be shown for liability.
Fill in the blank: The tort of trespass to chattels involves an interference with the plaintiff’s right of _______.
possession
This refers specifically to personal property.
