In: Accounting
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Trespass to Personal Property Whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner’s possession and enjoyment of personal property, trespass to personal property occurs. This tort may also be called trespass to chattels or trespass to personalty.Footnote In this context, harm means not only destruction of the property, but also anything that diminishes its value, condition, or quality. Trespass to personal property involves intentional meddling with a possessory interest (one arising from possession), including barring an owner’s access to personal property. Example 6.19 Kelly takes Ryan’s business law book as a practical joke and hides it so that Ryan is unable to find it for several days before the final examination. Here, Kelly has engaged in a trespass to personal property (and also conversion, the tort discussed next). If it can be shown that trespass to personal property was warranted, then a complete defense exists. Most states, for instance, allow automobile repair shops to hold a customer’s car (under what is called an artisan’s lien) when the customer refuses to pay for repairs already completed.
Trespass to Personal Property Whenever any individual wrongfully
takes or harms the personal property of another or otherwise
interferes with the lawful owner’s possession and enjoyment of
personal property, trespass to personal property occurs.This tort
may also be called trespass to chattels or trespass to
personalty.Footnote In this context, harm means not only
destruction of the property, but also anything that diminishes its
value, condition, or quality.
Trespass to personal property involves intentional meddling with a
possessory interest , including barring an owner’s access to
personal property.Here, Kelly has engaged in a trespass to personal
property .
If it can be shown that trespass to personal property was
warranted, then a complete defense exists