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13 Cards in this Set
- Front
- Back
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Distinguish Conversion and Trespass to Chattels
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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) |
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In Georgia, if someone takes your property, what can you sue for?
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Both the value of the property, and exemplary damages.
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Latin for Trespass To Land "wherefore he broke the close"
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Action of Trespass
quare clausum fregit |
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Elements of Trespass to Land?
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1) Voluntary Act
2) Intent 3) Entry Onto Land No Damages- can get nominal damages |
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What tort is it when someone cuts down trees off your land?
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Trespass to land.
Growing trees are real property. |
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Elements of Trespass to Chattels?
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1) Voluntary Act
2) Intent 3) Interference w/ Possessory Interest 4) Actual Damage |
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Elements of Conversion?
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1) Voluntary Act
2) Intent 3) Exercise of Dominion or Control |
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Is Mistake a defense for conversion or trespass to chattels?
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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. |
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What do you analogize cyberspace to?
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Do not analogize to land because no possessory interest in cyberspace.
Analogize to Trespass to Chattels. |
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What is "actual damage" for Trespass to Chattels?
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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. Hypo: email to 30,000 employees might hurt a companies Morale and Business Reputation. |
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In conversion damages, do we consider Fair Market Value or Replacement value?
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Fair Market Value
(value at the time stolen... make the person whole) |
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Do you have to demand your item back for a conversion, or is it converted once they exercise dominion over the property?
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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) |
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Can you recover for sentimental value in a conversion?
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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 |
