The Intentional Torts, Chattels and Land

Outline Innominate intentional torts. Trespass to chattels. Detinue. Conversion. Trespass to land. Trespass and nuisance. Trespass to airspace and subsoil.

Elements of innominate intentional tort All intentional infliction of bodily harm. Where “the defendant wilfully did an act calculated to cause harm or loss to the plaintiff”. (para. 14, Cant v. Cant)

Battery A direct, intentional (or negligent), physical interference that is harmful or offensive to the reasonable person. There is no need to prove damage.

Generally ... Trespass – intentional damage to chattels that are in the physical control of the plaintiff. Detinue – a refusal to return the chattel to the plaintiff. Conversion – the chattel is taken by the defendant and “disposed of”.

Trespass to chattels Elements: A direct, intentional (or negligent), interference with a chattel, in possession of the plaintiff.

Detinue Elements: Plaintiff has a right of immediate possession of the chattel. Defendant has possession of the chattel. Plaintiff makes a demand for the chattel. Defendant refuses to return the chattel.

Conversion Elements: Plaintiff must be in possession of the chattel or have a right to immediate possession of the chattel; and the defendant engages in an intentional act that so seriously interferes with the plaintiff’s rights to the chattel that the defendant should be required to pay its full value.

Trespass to land Elements: A direct intentional physical interference with land in the possession of the plaintiff.

3 ways to trespass ... defendant enters personally on the land in possession of the plaintiff without permission; the defendant places objects on land; or the defendant fails to leave the land within a reasonable time after permission to be there is revoked.

Trespass and nuisance An action in nuisance lies where there is a “substantial and unreasonable interference with the use and enjoyment of land in the possession of another”. Solomon, p. 156

Trespass to airspace Latin maxim: cujus est solum ejus est usque ad coelum. Categorize by type of intrusion: permanent intrusion at a relatively low level temporary intrusion by means other than aircraft temporary intrusion by aircraft