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Question 1
Rubin and Derek are teammates on a minor league baseball team and their lockers in the clubhouse are next to each other. At the end of the season, when the players were cleaning out their lockers, Ruben took several baseball bats that he thought were his and brought them home. In fact, the bats Ruben took belonged to Derek. When Ruben realizes what he has done, he returns the bats to Derek. Derek, angry that his bats were taken sues Ruben for a trespass to chattels. Derek will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A Trespass to Chattels is an act of committing, without lawful justification, any act of direct physical interference with a chattel possessed by another. The Plaintiff must show that Defendant made a volitional movement that resulted in the dispossession of, or intermeddling with, the personal property of another. Further, Plaintiff must show that Defendant intended to treat the property in the manner that he did. As in Trespass to Land, it makes no difference that Defendant might have mistaken Plaintiff's property for his own. Here, Ruben intentionally took the bats. The fact that he didn't know they weren't his makes no difference. Therefore, Derek has a viable cause of action and D is the correct answer.
Incorrect! A Trespass to Chattels is an act of committing, without lawful justification, any act of direct physical interference with a chattel possessed by another. The Plaintiff must show that Defendant made a volitional movement that resulted in the dispossession of, or intermeddling with, the personal property of another. Further, Plaintiff must show that Defendant intended to treat the property in the manner that he did. As in Trespass to Land, it makes no difference that Defendant might have mistaken Plaintiff's property for his own. Here, Ruben intentionally took the bats. The fact that he didn't know they weren't his makes no difference. Therefore, Derek has a viable cause of action and D is the correct answer.
Question 2
Donald and Mickey are next door neighbors. Donald is very angry at Mickey because Mickey's dog, Pluto, is always relieving himself on Donald's lawn. One morning, Donald sees Pluto walking onto his lawn. Enraged, Donald gets his shotgun and kills Pluto. In an action against Donald, Mickey will probably:
Correct
Incorrect!
Correct There are several circumstances under which Defendant's actions will result in an actionable conversion. Destroying or materially altering Plaintiff's chattel can result in an actionable conversion. Here, Donald destroyed Mickey's property. The fact that Pluto was on Donald's land is immaterial. Here, the totality of the destruction will warrant a conversion. Mickey will be awarded the full value of the dog but Donald will own the carcass. Therefore, B is the correct answer.
Incorrect! There are several circumstances under which Defendant's actions will result in an actionable conversion. Destroying or materially altering Plaintiff's chattel can result in an actionable conversion. Here, Donald destroyed Mickey's property. The fact that Pluto was on Donald's land is immaterial. Here, the totality of the destruction will warrant a conversion. Mickey will be awarded the full value of the dog but Donald will own the carcass. Therefore, B is the correct answer.