Intentional torts - Trespass to chattels

Learning Outcomes

After reading this article, you will be able to identify the elements of trespass to chattels, distinguish it from conversion, and apply the correct legal standards for actionable interference, intent, and remedies. You will also be able to answer MBE-style questions on when a defendant is liable for interfering with another’s personal property.

MBE Syllabus

For MBE, you are required to understand the principles governing intentional torts to property, including trespass to chattels. This article covers:

• The elements and actionable conduct for trespass to chattels.
• The intent requirement and available defenses.
• The distinction between trespass to chattels and conversion.
• The remedies available to the plaintiff.
• The types of damages recoverable and when nominal damages are insufficient.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is NOT required to establish trespass to chattels?
   1. Intent to interfere with another’s chattel
   2. Actual damage or dispossession
   3. Intent to cause harm
   4. Causation
2. A defendant borrows a neighbor’s bicycle without permission for two hours and returns it undamaged. Which tort, if any, has the defendant most likely committed?
   1. Trespass to chattels
   2. Conversion
   3. No tort
   4. Nuisance
3. Which remedy is generally NOT available for trespass to chattels?
   1. Nominal damages without actual harm
   2. Damages for loss of use
   3. Cost of repair
   4. Return of the chattel

Introduction

Trespass to chattels is an intentional tort protecting a person’s right to possess and use their personal property. Unlike conversion, which involves serious interference, trespass to chattels covers lesser interferences that cause actual harm or dispossession. This article explains the elements, intent, actionable conduct, and remedies for trespass to chattels, as well as its distinction from conversion.

Elements of Trespass to Chattels

To establish trespass to chattels, a plaintiff must prove:

1. An act by the defendant interfering with the plaintiff’s right of possession in a chattel;
2. Intent to perform the act that brings about the interference;
3. Causation; and
4. Actual damage, dispossession, or loss of use.

Key Term: Trespass to Chattels
An intentional tort where the defendant interferes with the plaintiff’s right to possess personal property, causing actual harm or dispossession.

Actionable Interference

Trespass to chattels may occur in two main ways:

• Intermeddling: Directly damaging or altering the plaintiff’s chattel (e.g., scratching a car, disabling a device).
• Dispossession: Taking or withholding possession of the chattel from the plaintiff for a period of time.

Key Term: Intermeddling
Physical contact with or use of another’s chattel that impairs its condition, quality, or value.

Key Term: Dispossession
Depriving the rightful possessor of the use or possession of their chattel, even temporarily.

Intent Requirement

The defendant must intend to do the act that results in interference with the chattel. It is not necessary for the defendant to intend to cause harm or to know that the chattel belongs to another. Mistake of ownership is not a defense.

Key Term: Intent (Trespass to Chattels)
The purpose or knowledge to perform the act that interferes with another’s chattel; intent to harm is not required.

Actual Damage or Loss Required

Unlike some intentional torts, trespass to chattels requires proof of actual harm, dispossession, or loss of use. Nominal damages are not available if there is no harm. If the interference is minor and causes no loss or damage, there is no liability.

Distinction from Conversion

The main difference between trespass to chattels and conversion is the seriousness of the interference. Conversion involves substantial interference, justifying the defendant paying the full value of the chattel. Trespass to chattels covers lesser interferences, with damages limited to the actual harm or loss of use.

Key Term: Conversion
An intentional tort where the defendant exercises control over another’s chattel so seriously as to justify payment of its full value.

Remedies

The plaintiff may recover:

• Damages for actual harm, loss of use, or cost of repair.
• Damages for dispossession (e.g., rental value or loss of use).
• In some cases, return of the chattel (replevin), but not its full value unless the interference amounts to conversion.

Nominal damages are not awarded unless there is actual harm.

Worked Example 1.1

A mechanic borrows a customer’s car without permission to drive to lunch and returns it two hours later, undamaged. The customer was unable to use the car during that time. Has the mechanic committed trespass to chattels?

Answer: Yes. The mechanic intentionally deprived the customer of possession, causing loss of use. Even though the car was returned undamaged, the temporary dispossession is actionable as trespass to chattels.

Worked Example 1.2

A person scratches a neighbor’s parked motorcycle, causing minor cosmetic damage but not affecting its function. The neighbor sues for trespass to chattels. Is the claim likely to succeed?

Answer: Yes. The defendant intentionally intermeddled with the chattel, causing actual damage. The neighbor may recover the cost of repair.

Exam Warning

On the MBE, trespass to chattels requires actual harm or dispossession. If the interference is trivial and causes no loss, there is no liability. Do not confuse mere touching or trivial use with actionable trespass.

Revision Tip

Remember: If the interference is so serious that the owner is deprived of the chattel’s value, the tort is conversion, not trespass to chattels. Check the degree and duration of interference.

Key Point Checklist

This article has covered the following key knowledge points:

• Trespass to chattels protects possession and use of personal property.
• Actionable interference includes intermeddling (damage) and dispossession (loss of use).
• Intent to interfere is required; intent to harm is not.
• Actual harm, dispossession, or loss of use is necessary—nominal damages are not awarded.
• Trespass to chattels is distinct from conversion; conversion involves more serious interference.
• Remedies include damages for harm or loss of use, not the full value unless conversion.

Key Terms and Concepts

• Trespass to Chattels
• Intermeddling
• Dispossession
• Intent (Trespass to Chattels)
• Conversion