INTRO TO TORTS: UNIT THREE

Intentional Torts: Injuries to Property and Defenses

Instructor Jamie Scripps

TRESPASS TO LANDElements:• Tortfeasor’s unauthorized entry upon another

person’s land• Tortfeasor’s intent to enter land without consent• Tortfeasor’s actions interfering with landowner’s

exclusive right to use land (possession). There does not have to be damage.

Entry Defined:• Tortfeasor’s actions that interfere with

landowner’s exclusive right to use real estate.

• Personal Entry: occurs when tortfeasor personally enters land.

• Physical Entry: occurs when tortfeasor places unwanted substances upon another person’s land.

 

TRESPASS TO LAND

Unauthorized Entry:• Landowner cannot have consented to

tortfeasor’s entry upon land.• Consent may be express or implied.

TRESPASS TO LAND

• Tortfeasor may trespass upon landowner’s property rights above or below ground.

• Landowners’ property interests, at common law, went to top of sky and center of earth.

• Invaders of air and light space, or of minerals or subterranean water supplies, can be trespassers to land.

• Modern statutes and common law have redefined many property rights in water, minerals, and air space.

TRESPASS ABOVE AND BELOW LAND

TOXIC TORTSLawsuits involving toxic chemicals, pollution,

and hazardous waste disposal and transportation.

• The elements of trespass to land need to be satisfied, e.g., when underground toxic dump seepage contaminates well water supplies.

• Nuisance and absolute liability theories also apply.

TRESPASS TO CHATTEL AND CONVERSIONChattel = personal property

Elements of Trespass to Chattels:• Unauthorized possession of, or interference

with use of, another person’s personal property (dispossession). Imagine “borrowing” someone’s bicycle, for example.

• Tortfeasor’s intent to deprive (or interfere with) owner’s possession or exclusive use of chattel.

--In the computer age: Spyware and Spam may be T/t/C

CONVERSIONElements of Conversion:• Tortfeasor’s depriving owner of possession of

chattel (dispossession)• Tortfeasor’s intent to deprive owner of

possession and convert property to tortfeasor’s own use.

• Owner has not consented to tortfeasor’s possession and use of chattel.

Conversion is the more serious, broader tort. Think of the difference as T/t/C being a temporary interference, Conversion is acquisition/damaging/destroying. Physical dispossession in chattels—Tortfeasor’s taking actual physical possession of chattel. Destruction or damage to chattel.

• Example of Conversion: theft, embezzlement. (Comparison to Crimes)

CONVERSION

COMMERCIAL DISPARAGEMENTFalse statements communicated (published) to

third parties about person’s goods, services, or business.

 Three Varieties:1. Disparagement of goods2. Disparagement of services3. Disparagement of business

Elements:• Tortfeasor makes false statements about

individual’s goods, services, or business.• Tortfeasor’s intent to injure owner’s ability to

use goods, provide services, or conduct business (intent may be expressed or implied).

• Tortfeasor’s communication (publication) to third parties (may be oral or written)

COMMERCIAL DISPARAGEMENT

DEFAMATION BY COMPUTER/SLANDER OF TITLEDefamation by Computer: This is inclusion of false

information about consumer’s credit rating in a computerized database, which harms consumer’s ability to obtain credit. It is not related to defamation as we learned about in Unit Two.

Elements:• Tortfeasor supplies false information about person’s

credit rating.• Tortfeasor enters (or has someone else enter) such

erroneous data into computerized database.• Tortfeasor communicates incorrect information to third

parties, such as credit reporting services to credit card companies or vice versa (publication).

• Injury to victim’s ability to obtain credit as a result.• Occurs when tortfeasor makes false statements about

another person’s ownership of property.

Slander of Title is false statements are intended to hurt owner’s ability to use property. 

Elements:• Tortfeasor’s false statements regarding person’s

ownership of property• Tortfeasor’s intent to harm owner’s use of property

SLANDER OF TITLE

SLANDER OF TITLE• Communication (publication) of falsehoods to

third parties.• False Statements Regarding Ownership:

Tortfeasor commits slander of title by making false statements about person’s ownership of property.

• Intent to Harm Owner’s Use of Property: By making false statements about ownership, tortfeasor must intend to hurt owner’s use of property.

• Publication: Tortfeasor must communicate false information to third parties. This communication can be oral or written.

Typical Case Scenario: Filing spurious liens

SLANDER OF TITLE

DEFENSES: SELF-DEFENSEDefenses are responsive in nature.• Defenses are used only when the third party (usually plaintiff) states a bona fide cause of action against the other litigant (usually defendant).

• One litigant states cause of action against another litigant.

• Other litigant replies with defense, absolving himself or herself from liability.

  

SELF-DEFENSE

Defendant’s exercise of reasonable force to repel attack upon his or her person or to avoid confinement.

 • Routinely used against claims of assault, battery,

or false imprisonment. Typical scenario: Plaintiff attacks defendant in some way; defendant responds with neutralizing force; plaintiff sues defendant for battery.

 

Elements of Self Defense:•Defendant’s use of reasonable force•To counter attacking or offensive force•Necessary to prevent bodily injury, offensive contact, or confinement.

SELF-DEFENSE

DEFENSE OF PERSONS OR PROPERTYDefense commonly used in assault, battery, and

false imprisonment cases. Elements of defense of persons:• Defendant’s use of reasonable force• To defend or protect third party from injury• When third party is threatened by attacking (or

offensive) force. 

Elements of Defense of Property:• Defendant’s use of reasonable force• To protect his or her (or another’s) property

from damage or dispossession• When another person (invader) attempts to

injure or wrongfully take possession of• property. 

DEFENSE OF PERSONS OR PROPERTY

Reasonable force is defined same way as for self defense. Most courts prohibit use of deadly force for protection of property.

 Ejectment: Use of reasonable force to repel a

trespasser. However, landowners cannot set dangerous traps to snare trespassers (e.g., spring-loaded guns). This is not legally justifiable defense of property.

DEFENSE OF PERSONS OR PROPERTY

RIGHTFUL REPOSSESSION

Owner of personal property generally has right to repossess chattel that has been wrongfully taken or withheld.

 Owner may use reasonable force to repossess. Defense used most often in cases of trespass to

land, trespass to chattel, conversion, assault, and battery.

  

Elements of Rightful Repossession:• Defendant’s (chattel owner) use of reasonable

force (defined same as in self defense)• To retake possession of his or her chattel• Of which owner has been wrongfully dispossessed

(or of which owner is wrongfully denied possession)

• Defendant’s efforts to retake chattel must be made promptly after original dispossession or denial of possession occurs (sometimes called hot pursuit by courts, but this is usually criminal law term).

RIGHTFUL REPOSSESSION

Repossession:• If someone has wrongfully dispossessed

owner of his or her chattel, then owner has right to enter upon dispossessor’s land to recover chattel.

• This provides defense to trespass to land.

RIGHTFUL REPOSSESSION

Prompt Repossession:• Older common law cases required owner to

try to repossess chattel promptly after initial dispossession.

• What is prompt depends upon specific facts of each case. Reasonableness standard is applied.

RIGHTFUL REPOSSESSION

CONSENT AND MISTAKEConsent occurs when victim of intentional tort

voluntarily agrees to tortfeasor’s actions. Victim must have understood (or reasonably

should have understood) consequences of tortfeasor’s actions.

 Elements:• Victim’s voluntary acceptance of intentionally

tortious act• With full knowledge or understanding of

consequences.  

Informed Consent:• Tort victim must willingly and knowingly agree to

tortfeasor’s conduct.• Victim’s ability to consent (volition factor)

depends upon victim’s mental capacity to agree Expressed or Implied Consent:• Consent may be expressed • Classic implied consent scenario is emergency

medical treatment.

CONSENT AND MISTAKE

 

Elements of Mistake:• Good faith belief that defendant’s actions were justified• With belief based upon incorrect information.• Defendant’s conduct otherwise would be considered

tortious, but for the erroneous belief. Good Faith Belief:• Defendant’s reasonable belief that his or her intentional

tort was justified• Reasonableness standard applied.

CONSENT AND MISTAKE

PRIVILEGELegal justification to engage in otherwise tortious behavior

to accomplish compelling social goal. E.g., defendant committing trespass to land to save drowning child.

Elements (balancing test):• Do actor’s motives for engaging in intentional tort

outweigh injury to victim or victim’s property?• Was actor justified in committing intentional tort to

accomplish his or her socially desirable purposes, or could a less damaging action have been taken instead?

   Less Injurious Alternatives: Could defendant have achieved

socially desirable goal through actions less harmful than the intentional tort committed?

 This defense is similar to the necessity defense.

NECESSITYTortfeasor is justified in engaging in intentional tort to

prevent more serious injury from external forces.  Elements:• Defendant commits intentional tort• To avert more serious harm• Caused by force other than defendant• And defendant’s actions were reasonably necessary to

avert greater threat.  Reasonably Necessary Action:• Defendant’s actions must have been reasonably

necessary to avert greater harm from external force.• Reasonableness standard applied.

Thwarting More Substantial Harm:• Choice of lesser evils• E.g., defendant jettisoning cargo to prevent

damaged ship from sinking (and drowning passengers and crew). Assume ship hit floating mine left over from Persian Gulf war, rather than being damaged by defendant’s actions.

 External Force:• Greater threat cannot have been created by

defendant.• E.g., ship damaged by floating mine (preceding

example). Defendant was not responsible for mine being there.

NECESSITY

PUBLIC OFFICER IMMUNITYPublic Officer Immunity from Legal Process

Enforcement--Process serving Such officers are immune from intentional tort

liability (such as trespass to land) while serving process.

PUBLIC OFFICER IMMUNITYExecution (sheriff’s) Sales:• Law enforcement officers immune from

intentional tort liability (such as trespass to• chattel or conversion) for seizing property for

execution sales.• Execution sales = public sales of defendant’s

property to satisfy outstanding judgment.

PUBLIC OFFICER IMMUNITY Attachment or Replevin:• Attachment = court-ordered remedy

attaching defendant’s property• Replevin = court-ordered remedy in which

property is return to rightful owner• Law enforcement officials are immune from

intentional tort liability (such as trespass to chattel, trespass to land, or conversion) for making such court-ordered seizures.

STATUTES OF LIMITATIONSStatutes restricting time period within which

plaintiff may file his or her intentional tort action against defendant.

•  First and most important thing to research.

QUESTIONS?