Hypo: The defendant leans against the plaintiff’s car (Neither) Hypo: Defendant takes the car for a joyride against the plaintiff’s will and puts the dog in the front seat with him (Trespass to chattels if the car ride is significant?) Hypo: Defendant, angered at the dog’s barking, the dog, then pushes the car over a cliff, causing substantial damages. (Conversion on the car, trespass to chattels on the dog) Hypo: You take someone’s car keys so they cant drive away. This is probably a trespass to chattel rather than a conversion if the keys are returned in a short amount of time. What Qualifies as a Chattel? - Traditionally: tangible property - School of Visual Arts = unwanted email in large amounts was trespass to chattels Difference in Remedy Between Conversion and Trespass to Chattels 1. Forced (or replevin) versus damages “purchase” - Forced purchase (value of the thing) - conversion - Actual damages (including loss of use) - trespass to chattels 2. Actual (not nominal) damages required for trespass to chattels Conversion: 3-Person Transfer, Fraud, and BFPs - A’s property (1) taken by B who (2) sells to C, a person who does not know of the conversion by B (i.e. C is a BFP) - General Rule: Both B AND C are liable - C is not liable when B gets title (even through fraud or Exception: trickery) as long as C is BFP - B is liable for conversion G. Intentional Infliction of Emotional Distress 1. Intent 2. Extreme and outrageous conduct 3. Severe emotional distress - Intentional Infliction of Emotional Distress is a stand alone tort 1. Intent - reckless disregard is not intent, but is included under Rest. 46 for IIED
Hypo: The defendant leans against the plaintiff’s car (Neither) Hypo: Defendant takes the car for a joyride against the plaintiff’s will and puts the dog in the front seat with him (Trespass to chattels if the car ride is significant?) Hypo: Defendant, angered at the dog’s barking, the dog, then pushes the car over a cliff, causing substantial damages. (Conversion on the car, trespass to chattels on the dog) Hypo: You take someone’s car keys so they cant drive away. This is probably a trespass to chattel rather than a conversion if the keys are returned in a short amount of time. What Qualifies as a Chattel? - Traditionally: tangible property - School of Visual Arts = unwanted email in large amounts was trespass to chattels Difference in Remedy Between Conversion and Trespass to Chattels 1. Forced “purchase” (or replevin) versus damages - Forced purchase (value of the thing) - conversion - Actual damages (including loss of use) - trespass to chattels 2. Actual (not nominal) damages required for trespass to chattels Conversion: 3-Person Transfer, Fraud, and BFPs - A’s property (1) taken by B who (2) sells to C, a person who does not know of the conversion by B (i.e. C is a BFP) - General Rule: Both B AND C are liable - Exception: C is not liable when B gets title (even through fraud or trickery) as long as C is BFP - B is liable for conversion G. Intentional Infliction of Emotional Distress 1. Intent 2. Extreme and outrageous conduct 3. Severe emotional distress - Intentional Infliction of Emotional Distress is a stand alone tort 1. Intent - reckless disregard is not intent, but is included under Rest. 46 for IIED
Torts-Selmi.docx