tort law · claim
Trespass to chattels occurs when a person intentionally interferes with another person’s lawful possession of personal property. The interference can be direct or indirect and must generally cause harm or damage to the chattel.
The defendant must have acted intentionally in interfering with the property.
What to prove: The plaintiff must show that the defendant intended to interfere with the chattel, either by acting with the purpose to do so or knowing that such interference was substantially certain to occur.
There must be an actual interference with the plaintiff's possession of the chattel.
What to prove: The plaintiff must demonstrate that the defendant's actions directly or indirectly caused some form of interference—such as dispossession, physical damage, or loss of use—of the chattel.
The plaintiff must have had lawful possession of the chattel at the time of the interference.
What to prove: The plaintiff must show that they were in possession of the property at the time the trespass occurred.
The plaintiff must show that the interference caused harm to the chattel.
What to prove: The plaintiff must establish that the harm was more than trivial, resulting in damages or a loss of value to the chattel.
The burden of proof lies with the plaintiff, who must establish their claim by a preponderance of the evidence.
When exam questions present scenarios involving personal property, identify whether the interference was intentional, as well as the nature of the chattel and the harm caused. Be prepared to distinguish between trespass to chattels and other property torts.