Trespass to Chattels
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injuries under a theory of trespass to chattels.
Analysis
R: A defendant commits trespass to chattels by (1) intentionally interfering with the plaintiff’s right of possession by (2a) dispossessing the plaintiff of the chattel, (2b) using the chattel, or (2c) intermeddling with the chattel. For trespass to chattels, the defendant’s interference need not be as severe as that required for conversion but must nonetheless affect the plaintiff’s possessory rights.
A: Here, Defendant [dispossessed/used/intermeddled] with Plaintiff’s chattel when [insert relevant facts].
1. Intent
R: The defendant has the requisite intent if (1) the defendant intended to perform the act that interferes with the plaintiff’s possessory interest in the chattel. The defendant does not need to intend to dispossess the plaintiff or to know that the chattel belongs to the plaintiff. The (2) doctrine of transferred intent can also apply, meaning that if the defendant intended to act but directed the act toward the wrong object, the intent still holds.
A: Here, [apply rule to facts].
C: Therefore, the first element [is/is not] satisfied.
2a. Dispossession
R: Dispossession occurs when the defendant exercises dominion and control over the plaintiff’s chattel in a manner akin to an owner, even if the duration of control is brief. This can include taking the chattel away from the plaintiff or barring the plaintiff from accessing the chattel.
A: Here, [apply rule to facts].
C: Therefore, the second element [is/is not] satisfied.
2b. Use
R: “Use” of the plaintiff’s chattel occurs when the defendant physically employs or exploits the chattel without assuming ownership. The defendant need not take full control but must use the chattel in a way that affects the plaintiff’s possessory rights.
A: Here, [apply rule to facts].
C: Therefore, the second element [is/is not] satisfied.
2c. Intermeddling
R: Intermeddling refers to physically interfering with the chattel in a way that affects the condition, value, or use of the chattel, even if the defendant does not dispossess the plaintiff or fully use the chattel. This can involve handling the chattel in a manner that causes harm or diminishes its value.
A: Here, [apply rule to facts].
C: Therefore, the second element [is/is not] satisfied.
Conclusion
C: Therefore, Defendant [is/is not] liable for Plaintiff’s injuries under a theory of trespass to chattels.
Damages
R: The plaintiff is entitled to recover damages depending on the type of interference. When the defendant (1) dispossesses the plaintiff of the chattel, the plaintiff may recover actual damages caused by the interference loss of use, nominal damages for the loss of possession. When the defendant merely (2) uses or intermeddles with the chattel, the plaintiff may only recover actual damages caused by the interference. Nominal damages are not available unless there is dispossession.
A: Here, [apply rule to facts].
C: Therefore, Plaintiff may recover [enter types of damages].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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