Is this property???????
Conversion Therapy
get off my lawn
Duane... I mean nuisance
AKA Clinton's Immunity
100

TRUE or FALSE:

P does not have to own the chattel in trespass.

TRUE!

It matters that P has rightful possession.

100

The biggest difference between trespass to chattels and damages:

(hint: $$$)

Under conversion, you can get the full value of chattel in damages

Under trespass to chattel, you can only get damages of what was damaged

100

Does trespass to land need a physical harm to the land?

Nope!

100

These are the 2 types of Nuisance: 

Specifically, on what element do they differ?

Private and Public

They differ on the causes of action

100

Is IIED subjective or objective?

Objective

200

Qualifications for intent:

What is substantial purpose and knowledge?
200

TRUE or FALSE?

Every trespass to chattel is a conversion, but not every conversion is a trespass to chattel.

FALSE:

every conversion is a trespass to chattel and every trespass to chattel is a conversion

200

What are the 3 possibilities of intrusion/invasion under trespass to land?

1. entering

2. causing someone to enter

3. remaining on land

200

TRUE or FALSE:

Nuisance is determined by an objective standard

TRUE!

200

"4 Markers of Outrageous"

(N.A.T.R.) like nature:) or we can come up with something better

1. Nature of relationship (abuse of power or position)

4. Acts of physical violence or threats

2. Taking advantage of special vulnerability

3. Repeated or continued undesirable acts


300

Definition of "Intermeddling"

What is contacting? 

300

TRUE or FALSE:

Complete destruction of the property is necessary to find a conversion.

FALSE:

Exercise of domain or control must be so serious that justifies payment of the full value of property; complete destruction is not necessary

300

Does the actor himself need to enter the land? If not, what are some ways there can still be a trespass to land caused by the actor?

No

Air Space: dust, smoke, gas, and fumes constitute ways there is still a trespass to land caused by the actor

SO LONG AS the actor is substantially certain consequences will result

300

Elements of Public Nuisance:

  1. Unreasonable interference

  2. With a right common to the general public

  3. Where D has control over the instrumentality causing the interference

300

What are some of the indicators of "severe"? (think about the cases)

1. Need not prove total disablement

2. Objective (majority)

3. depression, inability to form intimate relationships (from Figuerido-Torres)

4. missing work, therapy, filing a formal complaint (from Jones)

400

These are the 4 ways a D is liable for trespass to chattels:

What are:

dispossession

damage

substantial deprivation of use

bodily harm

400

Elements of Conversion:

What are:

1. Intentional

2. Exercise of dominion or control over a chattel

3. So seriously interferes with the right of another who may justly be required to pay the full value of the chattel

400

Intrusion must be:

1. intentional

2. direct or indirect

3. the trespasser need not know that he is trespassing

400

What are some factors to consider when a court is deciding the "reasonableness of interference" for private nuisance?

  1. Magnitude

  2. frequency/duration

  3. The character of the neighborhood or social expectations

  4. Priority in time

  5. Utility of development

400

How does the majority view recovery for IIED based on 3rd party claims?

recovery for IIED intentionally or recklessly resulting from harm to 3rd party, only if:

1. person is seeking recovery is close family member of third party (direct victim)

2. The person seeking recovery is present at the scene of outrageous and extreme conduct

500

Name the elements of trespass to chattel:

What is:

volitional act

intent

dispossessing, using, or intermeddling

chattel in P's rightful possession

500

The 6 elements of conversion to receive full damages:

What are:

HI-DIG

H: Harm to chattel

I: Inconvenience/Expense caused

D: Duration of dominion (control)

I: Intent to assert inconsistent control

G: Good Faith


500

Elements of trespass to land:

  • Intentional

  • intrusion/invasion

    • Entering

    • Causing someone or something else to enter

    • Remaining on

  • Land in the plaintiff’s present possession

500

Elements of Private Nuisance:

  1. The Defenant’s conduct (volitional act)

  2. Causes

  3. The invasion of the private use and enjoyment of land

  4. And the invasion

    1. IS intentional AND unreasonable or otherwise actionable

    2. AND causes significant harm

500

Elements of IIED:

1. volitional act

2. intentional or reckless

3. conduct that is:

-extreme (very unusual)

AND

- outrageous (very bad)

4. causes

5. severe emotional harm

M
e
n
u