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Topic: Trespass to chattels


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In the News (Sat 20 Jul 19)

  
 Burk, The Trouble With Trespass
Trespass to chattels is a somewhat obscure tort action arising out of unauthorized dispossession, use, or interference with the tangible property of another.
Trespass to chattels exists as "the little brother of conversion." The gravamen of both actions lies in the dispossession of the property from its owner -- in conversion, the dispossession is total; in trespass to chattels the dispossession is only partial.
Note that this move cuts trespass to chattels free from its moorings of dispossession or the equivalent, allowing the court free rein to hunt for "impairment.".
www.tomwbell.com /NetLaw/Ch06/Burk.html   (1482 words)

  
 eControl: "Its My Site (I'll Control It If I Want To)"   (Site not responding. Last check: 2007-11-02)
Trespass to chattels is a tort based on interference with the possession of personal property.
Trespass to chattels is an old doctrine, which is rarely used and somewhat obscure.
Trespass to chattels is often confused with trespass to land, conversion, and nuisance.
gsulaw.gsu.edu /lawand/papers/su03/burns_jones   (3898 words)

  
 Trespass to chattels - Wikipedia, the free encyclopedia
Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another person's lawful possession of a chattel.
As in most other forms of trespass, remedy can only be obtained once it is proven that there was direct interference regardless of damage being done, and the infringing party has failed to disprove either negligence or intent.
To summarize, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff’s consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant’s actions.
en.wikipedia.org /wiki/Trespass_to_chattels   (590 words)

  
 [No title]
Trespass to chattels requires that the use of the plaintiff’s chattel be intentional, it does not require that the harm be intentional.
Thus, if it is trespass to chattels to bombard the plaintiff’s computer with spam when the intrusion impairs the computer’s operation, then it is trespass to chattels to send a single message that unbeknownst to the sender carries a virus that similarly impairs the computer’s operation.
Trespass to chattels and conversion have unacceptable implications because they are shaped to protect the right of an owner to exclusive use and possession of their property even against innocent or good faith infringement.
www.utexas.edu /law/news/colloquium/papers/Gergen04Paper.doc   (3214 words)

  
 Untitled Document
This novel application of trespass is matched by the equally atypical application of an injunction remedy to a trespass to chattel.
One of the chief difficulties of extending the trespass analogy to the Internet is that, when a wrongdoer commits an ongoing trespass of a computer system, it is more akin to the traditional notion of trespass to real property than the traditional notion of a trespass to chattels.
While a trespass to chattels can be committed by interfering with property in the possession of another, to achieve this trespass the interference must intentionally involve physical contact with the chattel.
www.bicklaw.com /Publications/e-trespass.htm   (2865 words)

  
 ARE DOMAIN NAMES PROPERTY? THE SEX.COM CONTROVERSY
Recently, two courts have recognized trespass to chattels as a cause of action in intangible property cases involving telecommunications and electronic commerce.
Trespass to chattels is a lesser form of conversion existing when an intentional interference with the possession of personal property has proximately caused injury to the plaintiff.
Since trespass to chattels originally required physical contact with another's property, these courts have determined that electronic signals touching a server or telephone system are sufficiently tangible to support a trespass cause of action.
www.law.duke.edu /journals/dltr/articles/2001dltr0032.html   (642 words)

  
 Innocent intentional trespass (Lewis Klar, 27 Feb 2006)
As you and others have noted, trespass actions in the United States no longer require direct interference, but they do require intent (yet are still "strict liability" in the sense of liability in the absence of [subjective or objective] fault, for the sorts of cases that we are discussing).
On the other hand, although they are "trespassery torts," actions for trespasses to the person (assault, battery, false imprisonment) are not referred to in the United States as trespass actions, but rather by their specific name (assault, battery, false imprisonment).
Apparently, there would be clear liability for trespass to person under Canadian tort law in the hypothetical that I posed of the hiker in the deep dark woods who sat on, pissed on, or chopped on the sleeping plaintiff whom the hiker believed was a log, regardless of the reasonableness of that belief.
www.ucc.ie /law/odg/messages/060227c.htm   (743 words)

  
 Trespass to land - Wikipedia, the free encyclopedia
Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse.
For trespass to be actionable, the tortfeasor must voluntarily go to a specific location, but need not be aware that he has entered the property of a particular person.
There may be regulations that hold a trespasser to a higher duty of care, such as strict liability for timber trespass (removing trees beyond a permitted boundary), which is a type of trespass to chattels as a result of a trespass to land.
en.wikipedia.org /wiki/Trespass_to_land   (576 words)

  
 Developments in the Law: Property   (Site not responding. Last check: 2007-11-02)
The tort of trespass to chattels allows owners of personal property to recover damages for intentional interferences with the possession of personal property.
Mere touching of the object is not sufficient to constitute trespass; the plaintiff must either allege some injury to the property or show either dispossession or intentional using or intermeddling with it.
One court has opined that trespass to chattels is established if defendant made use of plaintiff’s computer whether or not there is any damage to the computer system or effect on its operations.
www.law.harvard.edu /faculty/jsinger/developments/computertrespass.php   (479 words)

  
 chattels - Search Results - MSN Encarta
Chattel, broad term, derived from the word cattle, used to describe all kinds of personal property.
Trespass against land consists of an interference with the exclusive possession of another's real property.
In Athens, the population was divided into four classes based on wealth, with some political offices reserved for members of the higher levels,...
encarta.msn.com /chattels.html   (96 words)

  
 CLICK HERE FOR LAWSUIT — TRESPASS TO CHATTELS IN CYBERSPACE
Such conduct is treated in the Restatement of this Subject as a trespass, since the abolition of the forms of action has very largely done away with the distinction, and even where vestiges of it remain it is one of procedure rather than substance.
Trespass to chattels is applied largely as the “little brother of conversion” where the conduct does not amount to conversion, but consists of intermeddling with another’s property.
a (1965) (“[A] dispossession is always a trespass to the chattel, and subjects the actor to liability for at least nominal damages for the interference with the possession.”).
grove.ufl.edu /~techlaw/vol9/issue1/fritch.html   (14010 words)

  
 § 513. Trespass to Chattels.   (Site not responding. Last check: 2007-11-02)
No person shall be convicted of trespass to chattels in the first degree unless it can be proven that he intentionally deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.
No person shall be convicted of trespass to chattels in the second degree unless it can be proven that he recklessly deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.
No person shall be convicted of trespass to chattels in the third degree unless it can be proven that he negligently deprived the plaintiff of the partial value of some chattel without the plaintiff's consent.
members.aol.com /ambnatashastuart/5lc513.html   (280 words)

  
 West Case Update
This misuse of company property was trespass to chattels that warranted an injunction against further invasions.
Intel sued him for trespass to chattels, contending that Intel had to spend resources to block and remove Hamidi's e-mails from the Intel system, which is governed by company policy.
"Trespass to chattels is somewhat arcane and suffers from desuetude....
www.swlearning.com /blaw/cases/real/0202_real_01.html   (205 words)

  
 EFF: Spam: EFF Analysis of trespass to Chattels Legal Theory
Trespass theories might also be used to block search engines and linking, and thereby threaten two of the most important architectural aspects of the Internet.
Similarly, a search engine could face trespass liability if it did not comply with a request to stop crawling a site (note that this would be *selective* blocking of particular search engines, unlike robots.txt restrictions).
Unlike trespass theories, however, technical measures generally do not permit server operators to discriminate between users based on the content of their messages, their status as competitors, or other troubling criteria.
www.eff.org /spam/20011218_eff_trespasstc_analysis.php   (655 words)

  
 CODDLING SPIES: WHY THE LAW DOESN’T ADEQUATELY ADDRESS COMPUTER SPYWARE
The greatest problem, however, with trespass to chattels is that the plaintiff must show actual damage to the chattel.
First, the tort of trespass to chattels is marginally helpful because of the difficulty in establishing damage to the chattel and the argument of implied consent.
Second, the tort of intrusion upon seclusion suffers from the same difficulty in establishing damages, focuses on consent, and depends upon whether the court's initial position is that the victim's expectation of privacy is reasonable or the proposition that the spyware perpetrator has a duty to prevent harm to the victim.
www.law.duke.edu /journals/dltr/articles/2005dltr0025.html   (5700 words)

  
 Ascription is an Anathema to any Enthusiasm » Blog Archive » Trespass to Chattels   (Site not responding. Last check: 2007-11-02)
I’m glad that other people have to try and puzzle out things like what exactly Trespass to Chattels is all about.
Generally speaking, there must be an intentional physical contact with the chattel, and the contact must result in some substantial interference or damage.
From where I sit there is a sharp distincition between using Trespass to Chattel to guard against pests and using it to discriminate.
enthusiasm.cozy.org /archives/2004/03/trespass-to-chattels   (482 words)

  
 Internet Law, Ch. 06: Trespass to Chattels
AOL has found trespass to chattels a particularly useful means of combatting spam.
Ultimately, the court in that case concluded that the defendant's conduct was sufficient to establish a cause of action for trespass not because the interference was 'substantial' but simply because the defendant's conduct amounted to 'use' of Plaintiff's computer." 2001 WL 1736382 at *13.
Trespass actions are grounded in the idea of protecting an owner's control over real "property." There is no inherent reason that a Web site could not be considered a species of "property." The institution of property can itself be justified by several different jurisprudential theories.
www.tomwbell.com /NetLaw/Ch06.html   (1330 words)

  
 [No title]
An intent to cause a harm identified in any of the torts of battery, assault, false imprisonment, trespass to land, or trespass to chattels is sufficient as proof of intent for any of these same torts.
Only the five torts of trespass Assault Battery Trespass to land Trespass to chattels False Imprisonment Battery Elements To cause With a purposeful or knowing mental state Intent to cause harmful or offense contact And the contact occurs Underlying social value: personal dignity is important.
Trespass to Chattels Purposeful or Knowing Mental State Meddling with chattel in the possession of another Chattel must be damaged, owner must be deprived of use No knowledge necessary — intent applies to meddling, not to knowing whether it’s someone else’s chattel.
www.mactyre.net /shelley/outlines/Intentional-Torts-Outline.doc   (1295 words)

  
 Saint Mary's Law Journal
[FN19]  Trespass to chattels is a tort claim which protects a person's tangible property from being disposed, impaired, or deprived of use by another.
Restatement (Second) of Torts section 217 to define trespass to chattels as the physical intermeddling or using of another's personal property.
section 218, the court acknowledged that to sustain an action for trespass to chattels, one's property must be dispossessed or devalued.
www2.hawaii.edu /~dcjones/ILP/cybertorts.htm   (6274 words)

  
 USATODAY.com - Spyware can constitute illegal trespass on home computers (via CobWeb/3.1 planetlab2.cs.unc.edu)   (Site not responding. Last check: 2007-11-02)
The plaintiff alleged the following five causes of action: trespass to chattels, consumer fraud, unjust enrichment, negligence and computer tampering, and he sought monetary damages and injunctive relief prohibiting the offending conduct.
The defendants filed a motion to dismiss the trespass to chattels cause of action, arguing that the traditional legal elements pertaining to this type of claim were not met in this new setting.
The court then took the leap to hold that interference with the use of a home computer is enough to maintain a claim for trespass to chattels.
www.usatoday.com.cob-web.org:8888 /tech/columnist/ericjsinrod/2005-10-11-spyware_x.htm   (890 words)

  
 [No title]
The trespass to chattels tort has no requirement that a party even attempt to block access by a trespasser, much less continue that effort for almost two years before seeking relief.
With the elements of trespass to chattels as set forth in Thrifty-Tel difficult for HAMIDI to contest, HAMIDI's defense turns on rewriting the elements of the tort to exclude the conduct in which he engaged.
The implication of this decision is that a trespass action (perhaps outside the context of racial segregation), even though it invokes judicial authority, is not state action.
cyber.law.harvard.edu /msvh/hamidi/sjrebuttal.html   (2525 words)

  
 Hollander and Company LLC
Under California law, trespass to chattels allows recovery for interference with possession of personal property "not sufficiently important to be classed as conversion, and so to compel the defendant to pay the full value of the thing with which he has interfered." (Prosser and Keeton, "Torts" (5th ed.
Still, the Supreme Court held in Hamidi, that, to be actionable, the interference must proximately cause some actual injury to the chattel or to a plaintiff’s rights in it, and the plaintiff is entitled to recover only actual damages suffered because of the impairment of the property or the loss of its use.
In plain English, the court said trespass to chattels claims have gone too far and they drew a line in the sand and said: this is as far as you can take trespass to chattels in California.
www.hollanderco.com /articles/cybertrespass.htm   (1215 words)

  
 California Spammin': Opening the e-mail spigot, Peter Steinmeyer, July 28, 2003, Epstein Becker & Green, P.C.
One potential remedy for unwanted e-mails is the old common law tort of trespass to chattels, and some courts have applied this tort in the context of unwanted e-mails.
The court in Intel however, held that trespass to chattels is not the appropriate remedy in this circumstance.
Even if the existing common law tort of trespass to chattels is not broad enough to encompass the wrong suffered by Intel, then perhaps this is one of those situations where the common law needs to evolve to meet the challenge of a new technology.
www.ebglaw.com /article_884.html   (668 words)

  
 Trespass to Chattels - Wisconsin Personal Injury Lawyers - Madison Attorneys - Boller & Vaughan S.C.   (Site not responding. Last check: 2007-11-02)
A person commits trespass to chattel if he or she intentionally possesses someone else's property without their consent, even if only for a brief period of time.
Courts require that some sort of actual harm results from the trespass to chattel in order for it to be actionable.
Wisconsin Trespass Lawyers Disclaimer: The Wisconsin trespass to chattels, personal injury, wrongful death, negligence and/or other legal information offered herein by Boller and Vaughan S.C., Madison Trespass to Chattels Lawyers, is not formal legal advice nor the formation of an attorney client relationship.
www.bollervaughan.com /trespass_to_chatels.shtml   (269 words)

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