TRUE or FALSE:
P does not have to own the chattel in trespass.
TRUE!
It matters that P has rightful possession.
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
Does trespass to land need a physical harm to the land?
Nope!
These are the 2 types of Nuisance:
Specifically, on what element do they differ?
Private and Public
They differ on the causes of action
Is IIED subjective or objective?
Objective
Qualifications for intent:
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
What are the 3 possibilities of intrusion/invasion under trespass to land?
1. entering
2. causing someone to enter
3. remaining on land
TRUE or FALSE:
Nuisance is determined by an objective standard
TRUE!
"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
Definition of "Intermeddling"
What is contacting?
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
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
Elements of Public Nuisance:
Unreasonable interference
With a right common to the general public
Where D has control over the instrumentality causing the interference
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)
These are the 4 ways a D is liable for trespass to chattels:
What are:
dispossession
damage
substantial deprivation of use
bodily harm
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
Intrusion must be:
1. intentional
2. direct or indirect
3. the trespasser need not know that he is trespassing
What are some factors to consider when a court is deciding the "reasonableness of interference" for private nuisance?
Magnitude
frequency/duration
The character of the neighborhood or social expectations
Priority in time
Utility of development
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
Name the elements of trespass to chattel:
What is:
volitional act
intent
dispossessing, using, or intermeddling
chattel in P's rightful possession
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
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
Elements of Private Nuisance:
The Defenant’s conduct (volitional act)
Causes
The invasion of the private use and enjoyment of land
And the invasion
IS intentional AND unreasonable or otherwise actionable
AND causes significant harm
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