Bar Exam — MBE (Multistate Bar Exam)TortsEasy
A professional photographer set up his expensive camera equipment on a public sidewalk to capture a time-lapse of a city skyline. A mischievous teenager, intending only to startle the photographer, deliberately bumped into the tripod, causing the camera to fall and shatter. The teenager did not intend for the camera to be damaged, only for the photographer to jump. Which of the following intentional torts has the teenager most likely committed?
- ABattery
- BConversion
- CAssault
- DTrespass to Chattels
Show answer & explanationAnswer & explanation
Correct answer: D. Trespass to Chattels
Trespass to chattels occurs when a defendant intentionally interferes with a plaintiff's right of possession of personal property. The intent required is merely the intent to do the act that causes the interference, not necessarily to cause harm. Here, bumping the tripod was an intentional act causing interference.
Why the other options are wrong
- A. Battery requires harmful or offensive contact with the plaintiff's person, not just their property.
- B. Conversion requires a more substantial interference with the chattel, such that the defendant essentially takes over ownership or destroys it, which is not the primary characterization of this act.
- C. Assault requires apprehension of imminent harmful or offensive contact, which is not the primary focus here.
Trespass to Chattels
An intentional interference with the plaintiff's right of possession of personal property.
- Requires intent to interfere, not necessarily to harm.
- Interference can be dispossession, use, or intermeddling.
- Plaintiff must show actual harm or dispossession.
Memory trick: My Chattel Got Trespassed By a Teenager's Intent.