Trespass to Chattels

Under intentional torts

Trespass to chattels elements

1.        Volitional act of interference with the right of possession of another in personal property

2.        Intent to perform the act of interference

3.        The act is the substantial cause of interference in the right of possession of another’s personal property

4.        Actual damages

Glidden case

An action for trespass to chattels requires either some harm to the chattel or that the P was dispossessed of it for a long enough period of time that he dispossession is a damage. Unlike assault, battery, and trespass to land, most jurisdictions would not recognize an entitlement to nominal damages. (case holding)

Compu Serve case

The actual damages requirement for trespass to chattel may be satisfied by intermeddling with the chattel in a way that interferes with possessor’s business. Electronicsignals generated and sent by computer aresufficiently physically tangible to support a trespasscause of action. (case holding)

Other ways to be liable for trespass to chattels

One who without consent or other privilege to do so, uses or otherwise intentionally intermeddles with a chattel which is in possession of another is liable for a trespass to such person if

-       The chattel is impaired as to its condition, quality, value or

-       The possessor is deprived of the use of the chattel for a substantial time or

-       Bodily harm is thereby caused to the possessor or harm is caused to some person or thing I which the possessor has a legally protected interest.