39 Questions
What is a major difference between private nuisance and trespass?
Private nuisance requires a substantial interference, whereas trespass does not.
A defendant's compliance with a statute, local ordinance, or administrative regulation is a complete defense to a nuisance action.
False
What is the test to determine whether the defendant's action is a nuisance when the plaintiff 'comes to the nuisance'?
whether the defendant's action is unreasonable
A defendant is subject to nuisance liability for the natural condition of land owned or possessed by the plaintiff only when the natural condition creates a risk of imminent ______________ to the plaintiff or her property.
physical harm
Match the following types of nuisance with their definitions:
Private Nuisance = An unreasonable interference with an individual's use and enjoyment of her property. Public Nuisance = An unreasonable interference with a right common to the general public.
A private citizen can bring a claim for public nuisance if she suffers harm that is the same in kind as that suffered by members of the general public.
False
What is required for dispossession of chattel?
The defendant acts with respect to the chattel as an owner would.
The doctrine of transferred intent does not apply to trespass to chattels.
False
What is an example of using a chattel?
An individual sits down at a table and uses a computer that a stranger has temporarily left there at a public library.
Intermeddling with a plaintiff's chattel requires the defendant to make _____ with the chattel.
physical contact
Match the following examples with the type of trespass to chattels:
Dispossession of chattel = 1. Dispossession of chattel Use of chattel = 2. Use of chattel Intermeddling with chattel = 3. Intermeddling with chattel
What is the definition of a private nuisance?
A thing or activity that substantially and unreasonably interferes with another individual’s use and enjoyment of his land
In the doctrine of public necessity, private property can be intruded upon or destroyed when necessary to protect a large number of people from public calamities.
True
What is the difference between trespass and private nuisance?
Trespass requires a physical invasion of the plaintiff’s property, while private nuisance does not require physical invasion.
A substantial interference in private nuisance is one that would be _______________ to a normal, reasonable person in the community.
offensive, inconvenient, or annoying
Match the following elements of private nuisance with their descriptions:
Substantial interference = Interference that is more than fleeting or trivial Unreasonable interference = Interference that effectively renders the land unavailable for ordinary use or enjoyment Appropriate plaintiffs = Anyone with possessory rights in real property, or members of that person's household
What is the privilege that allows private property to be intruded upon or destroyed when necessary to protect a large number of people from public calamities?
Doctrine of public necessity
What is the main difference between trespass to land and nuisance?
Trespass requires physical invasion, while nuisance does not
Mistake of fact is a valid defense against trespass to land.
False
What is the doctrine that applies to trespass to land?
transferred intent
The plaintiff may recover damages in the amount of the full value of the converted property at the time of the ______________________.
conversion
Match the following types of actions with their corresponding characteristics:
Trespass to land = Requires physical invasion of land Nuisance = May or may not involve physical invasion of land Replevin = Action to recover a chattel Conversion = Action to recover damages for converted property
The privilege of necessity is only available to a person who enters or remains on the land of another to prevent serious harm to the land itself.
False
What is the primary difference between conversion and trespass to chattels?
Duration and extent of interference
Mistake of law or fact is a valid defense against a claim of conversion.
False
What is the minimum requirement for a defendant to be liable for damages in a case of trespass to chattel?
Actual damages
A defendant is liable for conversion if they intentionally commit an act depriving the plaintiff of possession of their ______________________.
chattel
Match the following types of interference with their corresponding definitions:
Dispossession = The defendant intends to exercise dominion and control over the chattel that is inconsistent with anyone else's possession. Intermeddling = A trivial removal of a chattel from one place to another with no intention to exercise further control over it or to deprive the possessor of its use. Conversion = The defendant intentionally commits an act depriving the plaintiff of possession of their chattel or interfering with the plaintiff's chattel in a manner so serious as to deprive the plaintiff of the use of the chattel. Trespass to Chattels = The defendant interferes with the plaintiff's chattel in a manner that is not serious enough to deprive the plaintiff of the use of the chattel.
A plaintiff may recover nominal damages for the loss of possession even if no actual harm is established in a case of dispossession.
True
What is the usual remedy for nuisance?
Damages
If the utility of the defendant's conduct outweighs the gravity of the harm, damages are never available.
False
What is the purpose of balancing the equities when determining whether to grant injunctive relief in a nuisance case?
To weigh the social utility of the defendant's conduct against the harm caused to the plaintiff and others.
In a continuing nuisance, the court may award the plaintiff all past and future damages, which prevents plaintiffs from returning to the court to collect damages in the future, if the nuisance is deemed _______________________.
permanent
Match the following remedies with their descriptions:
Damages = Monetary compensation for harm caused by the nuisance Injunctive Relief = Court order to stop or modify the nuisance Abatement = Self-help by the plaintiff to stop the nuisance
Who can abate a public nuisance in the absence of unique injury?
A public authority
A defendant's sole purpose was to cause harm to the plaintiff or to violate the common standards of decency, this is known as a "spite nuisance".
True
What is the limitation on the amount of force used to abate a private nuisance?
Only that which is reasonable to abate the nuisance
A person may enter another's land to abate a private nuisance after giving the defendant notice of the nuisance and the defendant _______________________.
refuses to act
Match the following types of nuisances with their characteristics:
Private Nuisance = Affects a single person or a small group of people Public Nuisance = Affects the general public
Study Notes
Trespass to Chattels
- A defendant commits a trespass to chattels when they intentionally interfere with a plaintiff's right of possession by:
- Dispossessing the plaintiff of the chattel (e.g., taking a coat from a rack)
- Using or intermeddling with the plaintiff's chattel (e.g., using a stranger's computer)
- Intent:
- Only the intent to do the interfering act is necessary
- No need to intend to interfere with another's possession of tangible property
- Transferred intent applies to trespass to chattels
- Appropriate plaintiffs:
- Anyone with possession or the immediate right to possession of the chattel
- Mistake:
- No defense for mistake of law or fact regarding the defendant's actions
- Damages:
- Recoverable for actual damages, loss of use, and nominal damages for loss of possession
- In cases of use for a substantial time or intermeddling, recovery only for actual damages
Conversion
- Definition:
- Defendant is liable for conversion if they intentionally deprive the plaintiff of possession of their chattel or interfere with the chattel in a manner that deprives the plaintiff of its use
- Intent:
- Defendant must only intend to commit the act that interferes
- No need to intend to cause damage
- Mistake of law or fact is no defense
- Transferred intent does not apply to conversion
- Interference:
- Examples include wrongful acquisition, transfer, or detention, substantially changing, severely damaging or destroying, or misusing the chattel
- Distinguishing Conversion from Trespass to Chattels:
- Factors to consider: duration and extent of interference, defendant's intent, good faith, expense or inconvenience to the plaintiff, and extent of harm to the chattel
- Damages:
- Recoverable for the full value of the converted property at the time of conversion
Trespass to Land
- Definition:
- Intentional act that causes a physical invasion of the land of another
- Intent:
- Defendant need only have the intent to enter the land (or cause a physical invasion)
- No need to know that the land belongs to another
- Mistake of fact is not a defense
- Transferred intent applies to trespass to land
- Physical Invasion:
- Can include intentionally flooding the land, throwing an object onto it, or emitting particulates into the air over the land
- Failure to leave the land after lawful right of entry has expired constitutes a physical invasion
- Appropriate plaintiffs:
- Anyone in actual or constructive possession of land
- Distinguished from Nuisance:
- Trespass requires an invasion of or intrusion onto land
- Nuisance may or may not involve intrusion
- Damages:
- No proof of actual damages is required
- Nominal damages may be awarded
- Defendant is liable for harm to the land, structures, and bodily harm to the possessor and family members
Necessity as a Defense to Trespass
- Private necessity:
- Qualified privilege to protect an interest of the defendant or a limited number of others from serious harm
- Only applies to intentional torts to property
- Public necessity:
- Absolute privilege to protect a large number of people from public calamities
- Applies to private citizens and public officials
Nuisance
- Private Nuisance:
- Definition: thing or activity that substantially and unreasonably interferes with another individual's use and enjoyment of their land
- Nature of the defendant's conduct:
- Intentional, negligent, reckless, or abnormally dangerous
- Appropriate plaintiffs:
- Anyone with possessory rights in real property
- Substantial interference:
- Must be more than fleeting or trivial
- Considered in relation to the average, reasonable person
- Unreasonable interference:
- Rendering the land unavailable for ordinary use or enjoyment
- Not meeting customs or expectations in the locality
- Failing to exercise reasonable care
- Causing physical damage
- Distinguished from trespass:
- Physical invasion
- Substantial interference
- Duration
- Defenses:
- Regulatory compliance
- Coming to the nuisance
- Failure to abate natural condition on land
- Public Nuisance:
- Definition: unreasonable interference with a right common to the general public
- Examples: air pollution, water pollution, interference with public highways
- Applicable laws:
- State statutes or local ordinances
- Remedies:
- Damages
- Injunctive relief
Remedies for Nuisance
- Damages:
- All resulting harm is recoverable
- Reduction in value of real property, personal injury, and harm to personal property
- Injunctive relief:
- Awarded if monetary damages are inadequate and the nuisance would continue### Injunctions
- Courts determine whether an injunction is appropriate by balancing the social utility of the defendant's conduct against the harm caused to the plaintiff and others.
- Exceptions apply if the defendant's sole purpose was to cause harm to the plaintiff or violate common standards of decency (spite nuisance).
Abatement
- A person can enter another's land to abate a private nuisance after giving the defendant notice, if the defendant refuses to act.
- Only reasonable force may be used to abate the nuisance; the plaintiff is liable for any additional damage.
Public Nuisance Abatement
- Those entitled to recover for a public nuisance have the right to abate it through self-help, similar to private nuisance.
- Without unique injury, public nuisance abatement requires action by a public authority.
This quiz covers the rule of trespass to chattels, including dispossession and intermeddling with personal property. It explains the intentional interference with a plaintiff's right of possession.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
