Torts 6

• The defendant:
• 1) intentionally committed an act
• 2) that interferes wih the plaintiff's right of possession
• 3) over a chattel (i.e., personal property)

No. The defendant need only intend to engage in the act that leads to the interference with possession.

• Example:
• In a hurry, H grabs her bag from a baggage claim carousel at takes it to her hotel, only to find that it is not hers. She has committed a trespass against the chattel - she may not have intended to take someone else's bag, but she did intend to take the bag, which is what led to the interference with possession
• MISTAKE OF FACT IS NO DEFENSE

Yes

• 1) Diposessing the plaintiff of the chattel buy putting his use above the plaintiff's use.
• Example:
• S steals Q's car

• 2) Intermeddling with the plaintiff's use by making it more difficult for the plaintiff to use it.
• Example:
• P throws gravel at Q's car.

Anyone who has an immediate right possession of the chattel.

1) For dispossession: actual damages (value of chattel, repair costs, dimunition in value) and incidental damages (rental costs)

2) For intermeddling, must show actual damages