Torts 6

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Author:
woof686
ID:
23044
Filename:
Torts 6
Updated:
2010-07-07 09:50:08
Tags:
Trespass against Chattels
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Description:
Trespass Against Chattels
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  1. What are the elements of trespass against chattels?
    • The defendant:
    • 1) intentionally committed an act
    • 2) that interferes wih the plaintiff's right of possession
    • 3) over a chattel (i.e., personal property)
  2. Must the defendant intend to interfere with plaintiff's right to possession of a chattel for there to be a claim of trespass against chattels?
    No. The defendant need only intend to engage in the act that leads to the interference with possession.

    • Example:
    • In a hurry, H grabs her bag from a baggage claim carousel at takes it to her hotel, only to find that it is not hers. She has committed a trespass against the chattel - she may not have intended to take someone else's bag, but she did intend to take the bag, which is what led to the interference with possession
    • MISTAKE OF FACT IS NO DEFENSE
  3. Does transferred intent apply to trespasses against chattels?
    Yes
  4. What counts as "interfering" with plaintiff's right of possession for proving a trespass against chattels?
    • 1) Diposessing the plaintiff of the chattel buy putting his use above the plaintiff's use.
    • Example:
    • S steals Q's car

    • 2) Intermeddling with the plaintiff's use by making it more difficult for the plaintiff to use it.
    • Example:
    • P throws gravel at Q's car.
  5. Who has standing to sue for a trespass against chattels?
    Anyone who has an immediate right possession of the chattel.
  6. What damages may plaintiff receive when he succeeds in a trespass against chattels action? (different answer depending on whether defendant dispossessed or intermeddled)
    1) For dispossession: actual damages (value of chattel, repair costs, dimunition in value) and incidental damages (rental costs)

    2) For intermeddling, must show actual damages

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