California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A disgruntled employee, after being terminated, accessed the company's internal server using a former colleague's login credentials without permission. The employee then viewed confidential client data but did not copy, alter, or delete any information. The company discovered the unauthorized access through system logs. Which intentional tort is the company most likely to successfully allege against the employee?
- AFalse Imprisonment
- BTrespass to Chattels
- CConversion
- DIntentional Infliction of Emotional Distress
Show answer & explanationAnswer & explanation
Correct answer: B. Trespass to Chattels
Trespass to chattels involves an intentional interference with the plaintiff's right to possession of personal property, which includes unauthorized access to computer systems or data, even without damage or deprivation of use. Conversion would require a more substantial interference or deprivation of the property.
Why the other options are wrong
- A. False Imprisonment involves the unlawful confinement of a person, which is irrelevant to the facts.
- C. Conversion requires a severe interference with the chattel, amounting to deprivation of use or possession, which merely viewing data does not typically meet.
- D. Intentional Infliction of Emotional Distress requires extreme and outrageous conduct causing severe emotional distress, which is not present here.
Trespass to Chattels
An intentional act by the defendant that interferes with the plaintiff's right of possession of personal property.
- Requires intent to intermeddle, not necessarily to harm.
- Interference can be minor (e.g., unauthorized use, viewing digital data).
- Plaintiff must show actual harm or deprivation of use, unless the intermeddling itself is harmful (e.g., computer system access).
- Digital data can be considered a chattel for this tort.
Memory trick: Owners Protect Property, Chattels, and Conversion's Call.