Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

13 Cards in this Set

  • Front
  • Back
Distinguish Conversion and Trespass to Chattels
Both are interference w/ personal property.

Conversion is a destruction of property or total destruction (pushing car off cliff)

Trespass to chattels is less significant interference. Deprive owner of property for a period of time (take my car for an hour), or abuse/damage of the property (key the car)
In Georgia, if someone takes your property, what can you sue for?
Both the value of the property, and exemplary damages.
Latin for Trespass To Land "wherefore he broke the close"
Action of Trespass
quare clausum fregit
Elements of Trespass to Land?
1) Voluntary Act
2) Intent
3) Entry Onto Land
No Damages- can get nominal damages
What tort is it when someone cuts down trees off your land?
Trespass to land.
Growing trees are real property.
Elements of Trespass to Chattels?
1) Voluntary Act
2) Intent
3) Interference w/ Possessory Interest
4) Actual Damage
Elements of Conversion?
1) Voluntary Act
2) Intent
3) Exercise of Dominion or Control
Is Mistake a defense for conversion or trespass to chattels?
No. Mistake will not excuse.

Ranson v. Kitner
held: A Killing of a dog thinking under the mistake that it is a wolf, is a Conversion.
What do you analogize cyberspace to?
Do not analogize to land because no possessory interest in cyberspace.

Analogize to Trespass to Chattels.
What is "actual damage" for Trespass to Chattels?
Damage is based on whatever value the thing has.
Harm to some thing to which owner has legally protected interest

CompuServe v. Cyber Promotions
held: using up computer cycles and hard drive space is DAMAGE to Compuserve's computers b/c it diminishes their value/usefulness.
Spamming customers is DAMAGE to Compuserve's business reputation.

email to 30,000 employees might hurt a companies Morale and Business Reputation.
In conversion damages, do we consider Fair Market Value or Replacement value?
Fair Market Value
(value at the time stolen... make the person whole)
Do you have to demand your item back for a conversion, or is it converted once they exercise dominion over the property?
No Necessity of Demand unless you initially consented.
Once you demand it back after a consent, and they refuse, it's a conversion (see used car dealership case)
Can you recover for sentimental value in a conversion?
Normally no.

Some exceptions.

Porte v. Associated Independents (FL)
held: Killing of weiner dog when garbage man throws can at the dog; woman gets sentimental value of dog.

TN Statute
Up to $5000 in non-economic damages for a pet