Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (whether by taking it, destroying it, or barring the owner's access to it). As opposed to the greater wrong of conversion, trespass to chattels is argued to be actionable per se.
The origin of the concept comes from the original writ of trespass de bonis asportatis. As in most other forms of trespass, remedy can only be obtained once it is proven that there was direct interference regardless of damage being done, and the infringing party has failed to disprove either negligence or intent.
In some common law countries like the United States and Canada, a remedy for trespass to chattels can only be obtained if the direct interference was sufficiently substantial to amount to dispossession, or alternatively where there had been an injury proximately related to the chattel. (See Restatement (Second) of Torts, 1965.)
Other articles related to "trespass to chattels, trespass":
... Trespass to chattels is a tort in which one interferes with someone's personal property in a way that would cause harm ...
... increased application of real property doctrines to intangible property) and the extension of the trespass to chattels doctrine to computer networks, a number of detractors have expressed ... Primarily, these critics worry that extending trespass to chattels in this fashion would stifle free speech on the internet because any unwelcome email might constitute a trespass and ... the screen-scraping cases indicate that courts might interpret trespass to chattels in such a way that allows major corporations to prevent price comparison ...
... In recent years, trespass to chattels has been expanded in the United States to cover intangible property, including combating the proliferation of unsolicited bulk email ... In the late 1990s, American courts enlarged trespass to chattels, first to include the unauthorized use of long distance telephone lines, and later to include ... In 1998, a federal court in Virginia held that the owner of a marketing company committed trespass to chattels against an Internet service provider's computer network by sending 60 ...
Famous quotes containing the words chattels and/or trespass:
“... with autumn falling over everything;
The plush leaves the chattels in barrels
Of an obscure family being evicted
Into the way it was, and is.”
—John Ashbery (b. 1927)
“No more be grieved at that which thou hast done,
Roses have thorns, and silver fountains mud,
Clouds and eclipses stain both moon and sun,
And loathsome canker lives in sweetest bud.
All men make faults, and even I in this,
Authorizing thy trespass with compare,
My self corrupting salving thy amiss,
Excusing thy sins more than thy sins are:”
—William Shakespeare (15641616)