Topic 3: Property Torts

What’s the difference between Trespass to Land and Trespass to Chattels?

To land is for real property. Chattels is personal property.

What are the elements of Trespass to Land? What page of the Restatement packet is it on?

Page 19

The actor must intend to:

Make physical contact or remain on the land (person or tangible item)

Mr. A is walking down the sidewalk staring at his phone. The sidewalk takes a sudden curve, but Mr. A is continuing to stare at his phone. Mr. A looks up and ends up on Jack’s land. Trespass?

No, there was no intent.

Who can sue for trespass to land?

Whoever has possession of the property (tenant in rented properties)

Trespass to Chattels has occurred. Tenant is in possession of property. What can the landlord sue for?

Damages

What are nuisance torts?

Intangible torts: Loud music, bright lights, pollution

What are the elements of Trespass to Chattels? (include page)

Page 20:
Defendant voluntarily intends to intermeddle or temporary dispossess property from another

In Trespass to Chattels, what damages are allowed for Intermeddling?

Only actual damages allowed: for the physical harm to the chattels

True or false: Intermeddling needs substantial interference.

True

Student sends terabytes of harmful files to their school and slows their systems down. What tort is Student liable for and why?

Intermeddling. Substantial interference.

In Trespass to Chattels, what damages are allowed for Dispossession?

Actual damages for harm caused and loss of use. No nominal damages allowed.

Professor confiscates Student A's cell phone for the rest of the semester. What tort is Professor liable for and why?

Trespass to chattels. Temporary dispossession of the property.

In essence, what is Conversion?

Forced sale

What are the elements of Conversion? (include page number)

Page 22

Intently exercise control over property that is not yours

Professor confiscates Jack’s cell phone permanently. What tort is Professor liable for and why?

Conversion. It’s a forced sale.

What are methods of committing Conversion?

DRUMS RAD

D – Damaging
R – Receiving Stolen Property
U – Using Someone Else's Property
M – Mis-delivery
S – Stealing
R – Refusal to Return Chattel
A – Altering
D – Discarding

For conversion, the damages awarded are for the fair market value of the item and the Defendant receives title to the item (forced sale). What damages are awarded for valueless chattels?

Parasitic damages

How could someone be liable for conversion even though they may not be subjectively at fault for the conversion? What’s the exception to this rule?

1. Purchasing goods without knowing they were converted - you can’t obtain title of goods from a seller (thief) who doesn’t have title.

Exception (not conversion): if the goods were obtained by FRAUD, the seller/thief has title and can transfer the title to the purchaser.

2. Delivery guy mis-delivers in good faith - still conversion

1. Embittered Defendant steals his ex-girlfriend’s car and drives it into a lake. What tort?

2. Embittered Defendant hits the hood of her car once with a hammer, causing a large dent. What tort?

1. Conversion

2. Trepass to Chattels

Ashley innocently takes an umbrella from an umbrella stand that looks just like his, but in fact belongs to Pat. When he opened it up, Ashley thought it looked a little different, so went back to the restaurant and discovered the mistake. He put the “wrong” one back and takes his. The owner of the “wrong” one never knew. If somehow the owner of the “wrong” one finds out later, does he or she have a cause of action?

No conversion b/c “extent and duration” is so short and not fair to force Ashley to pay for “the full value of the chattel.”
No TTC b/c no damage from the dispossession.

Does Trespass to Chattels require actual damages?

Yes

D hotwires P’s car and takes P’s dog from front yard and puts him in the front seat. Brings the car and dog back in 15 minutes, both unharmed.
1. Intermeddling?
2. Conversion?

1. Yes. Substantial interference.

2. No, not a forced sale.