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8 Cards in this Set
- Front
- Back
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What is Trespass to Chattel?
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>intentional
>interference with the plaintiff's chattel by -dispossessing or use or inter meddling with the chattel >mistakeof legality not a defense |
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What are the damages ?
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>dispossessing actual damage caused by loss of the use
>use or intermeddling actual damages |
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What is conversion?
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>intentional
>act depriving plaintiff of possession of his or her chattel or interfering (dominion or control)with plaintiff chattel so serious as to deprive the plaintiff's entirely of the use of chattel >if the defendant lawfully possessed the chattel at first then have ask for return before bringing in suit >NY CANNOT SUE UNLESS DEFENDANT KNEW THAT CHATTEL WAS UNLAWFULLY OBTAINED AND FAILED TO RETURN IT |
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What are the damages?
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>full value at the time of the conversion
>replevin action |
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Trespass v. Conversion
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>duration
>intent to assert right to chattel right inconsistent with the rightful possessor >extent of harm |
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What is Trespass of land?
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>intentionally causes a physical invasion of someone's land
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What is private nuisance?
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>intentional, negligent, reckless, or abnormally dangerous activity
> substantially and unreasonable interference with use and enjoyment of someone's land >if unintentional>>show negligence >if intentional>show that it is more than plaintiff should have to bear >defense if negligent>>>assumption of risk/comparative negligence >no actual proof of damages required >damages >>>injunction/harmed suffered permanent damages |
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What is a public nuisance?
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>unreasonable interference with a right common to the general public
> private plaintiff usually not able to bring such claim unless her or she can make showing of a special harm different the general |
