1. Conversion is an intentional exercise of control over a chattel which seriously interferes with the right of another to control it.  Take into account: extent of control, actor’s intent, harm to chattel, inconvenience and expense.

2. Damages are the market value of the chattel at the time and place of the conversion.

Trespass to Chattel

1. Trespass to chattel is an intentional interference with the right of exclusive possession by dispossessing another or interfering with a chattel in the possession of another.

2. Damages are the difference between the value of the chattel prior to harm and the value after the harm; OR the reasonable cost of repair or restoration, with due allowance for any difference between the original value and the value after repairs + loss of use. 

1. One intentionally, irrespective whether harm is caused: enters land in the possession of the other; remains on the land, or fails to remove from the land a thing which he is under a duty to remove.

2. Damages are the lesser of the diminution in market value and cost to repair the property to its pre-trespass condition.  Except for continuing trespass: damages measured by the past loss of use plus reasonable costs of repair.

1. Standing: when a person has suffered some special injury different from that suffered by the public generally

2. Nuisance is anything injurious to the health or indecent to the senses, which interferes with the quiet and comfortable enjoyment of property.

3. Damages are measured by the level of harm to the plaintiff’s use and enjoyment of his or her property.

4. If a nuisance results in serious harm to the plaintiff, a court may enter an order of abatement directing the defendant to stop the nuisance.  This does not bar the plaintiff from recovering past damages for loss of enjoyment. 

1. Duty, breach of standard of care, causation, damages.

2. Economic Damages:lost wages, lost earning capacity, property damage, medical expenses

3. Noneconomic Damages: pain and suffering, emotional distress, loss of consortium

1. Battery occurs if defendant acts with intent to cause offensive contact + contact occurs

2. Assault occurs if defendant acts with intent to cause offensive contact + the other is put in imminent apprehension of such contact

3. Damages available are same as negligence.  Medical, salary, emotional distress. 

1. False imprisonment occurs if one acts with intent to confine another within fixed boundaries, the act causes the confinement, the other is conscious of the confinement.

2. Damages available are same as negligence

IIED

1. One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another.

2. Emotional distress of such quantity or quality that no reasonable       person in civilized society should be expected to endure it 

3. The fact-finder has a fairly wide discretion to set damages at a level that compensates the plaintiff for the emotional injury(emotional distress).  Also, any physical injury that arises from it. 

1. To create liability for defamation there must be a false and defamatory statement cocnerning another with fault amounting to at least negligence on the part of the publisher.

2. Only concerns statements of fact. 

3. Public figure requires actual malice(not mere negligence) that is knoweldge the statement is false or reckless disregard of whether the statement is true.

4. Can recover for loss of reputation and shame.  Can recover damages plaintiff shows he suffered in some respect to economic loss(lost customers for business, property).  

5. Public figures cannot get punitive damages whereas private figures can if actual malice is shown. 

Invasion of Privacy

1.  The right of privacy is invaded by any of the following: unreasonable intrusion into seclusion of another, misappropriation of name or likeness, unreasonable publicity about another(false light).

2. One who has established a cause of action for invasion of his privacy is entitled to recover damages: the harm to his interest in privacy, mental distress if it normally results from such an invasion, and...

            a. misappropriation of name or likeness—commercial market value of the name or likeness

            b. unreasonable intrusion—invasion of the dignity interest in seculsion

            c. unreasonable publicity/false light—damages resulting from third persons reacting to the plaintiff in a different way as a result of the publicity

1. Standing: surviving spouse, issue of decedent, domestic partner, putative spouse, minor that lived with decedent for at least 180 days + is dependent on them.

2. Damages: Support being received by heirs at death and likely to be expected in the future; and loss of comfort, society and companionship  

Survival Actions

1. A survival action is designed to recover damages suffered by the decedent up to the time of his or her death for the benefit of the estate.

2.  Damages: Compensatory damages incurred by decedent prior to death and punitive damages, if any, but no damages for emotional distress.

1. Implicated when the property, damaged or undamaged, is being wrongfully held by another(conversion and trespass to chattel). 

2. a court order directing a person in possession to turn the property over to the plaintiff.

3. Writ of replevin must contain: under oath, establish rightful ownership, description of property, how defendant wrongfully came into possession, the current location of wrongfully held property.

4. It is constitutional to issue a writ of possession ex parte, but only if defendant can quickly get a post-deprivation hearing.