Trespass to Chattels Flashcards
(14 cards)
What is the intentional tort of trespass to chattels?
D:
1. causes or is a substantial factor in bringing about
2. an interference (by dispossession or intermeddling) with P’s right of possession in personal property
3. with specific or general intent
Requires actual damages; nominal damages are insufficient.
What type of damages must P show to hold D 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; OR
* 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?
D deprives P of his lawful right of possession of the chattel.
total/complete dispossession of the plaintiff of his personal property required
(i.e. property has not been returned to P’s possession prior to bringing claim)
(e.g. stealing or wrongfully asserting control)
Is bad faith required for liability in trespass to chattels?
NO
there is no requirement that D 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?
D:
1. Causes or is a substantial factor in bringing about;
2. An interference with the plaintiff’s right of possession in a chattel;
3. Where the interference is so serious, it deprives the plaintiff entirely of the use of the chattel; AND
4. Has specific or general intent.
May require the defendant to pay the full value of the personal property.
What must a P show to hold D 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.
factors for determining the seriousness of interference in conversion claim:
Restatement (Second) of Torts § 222A
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
True or False:
Nominal damages are sufficient to establish liability for trespass to chattels.
False
Actual damages must be shown for liability.
Intermeddling
interference causing harm to chattel –> D directly damages the chattel
what is the difference w/ regard to required damages between dispossession and intermeddling
if P alleges intermeddling –> must prove also monetary damages,
no monetary damages required for dispossession
under a conversion claim, interference must be so serious…
…it warrants requiring the defendant to pay the chattel’s full value.
what intent is required for T2C/Conversion
intent to act on chattel — no intent to deprive/bad faith required (mistake not a defense)
under a conversion claim does P have to show that D came into possession of P’s property unlawfully?
NO
Someone who refuses to surrender a chattel to another person who is entitled to its immediate possession is liable for conversion even if the one holding the chattel originally came into possession lawfully.
e.g. A lets B borrow A’s watch and B refuses to return it upon request
