Torts 6

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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
  3. Does transferred intent apply to trespasses against chattels?
  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
Card Set:
Torts 6
2010-07-07 13:50:08
Trespass against Chattels

Trespass Against Chattels
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