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15 Cards in this Set
- Front
- Back
Elements of Trespass to Land |
1. Act 2. Intent 3. Result |
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Act |
A minimal volitional movement |
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Intent (Trespass land) |
To purposefully, or with substantial certainty to enter onto the land of another. |
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Entry (Trespass to land) |
To enter onto the land of another |
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Result (Trespass to land) |
Does not have to cause harm just enter land of another without permission. |
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Conversion Elements |
1. ACT 2. INTENT 3.RESULT |
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Intent (Conversion) |
Intentional (purposefully or with substantial certainty) exercise of domain or control over chattel (Intentional exercise of control, not Knowledge of it not being yours) |
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Result (Conversion) |
Resultsin a substantial deprivation of the usefulness or economic value of thechattel.
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What is Defendant liable for if found guilty of conversion? |
The full value of the chattel at the time of the chattel. |
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Defense to Trespass of Land |
Private Necessity |
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Private Necessity (Trespass of Land) |
Oneis privileged to enter or remain on land in the possession of another if it isor reasonably appears to be necessary to prevent serious harm, to the actor, his land or chattel.
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Elements of Trespass to Chattel |
1. Act 2. Intent 3. Result |
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Intent (Trespass to Chattel) |
To intentionally using or intermeddling with chattel |
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Result (Trespass to Chattel) |
Interfereswith the Plaintiffs possession for a substantial period of time or harms thecondition, quality or value of the chattel
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If found guilty of Trespass to Chattel what are you liable for? |
Defendant is liable for the harm cause to the chattel (lossed value) |