California First-Year Law Students' Exam (Baby Bar) — MCTortsHard
A disgruntled employee, after being fired, accessed the company's internal network using a stolen password. The employee then deleted several critical project files, causing significant disruption and financial loss to the company. For which intentional tort is the former employee most likely liable?
- ATrespass to chattels, because the employee interfered with the company's data.
- BTrespass to land, because the network is considered part of the company's digital 'land'.
- CConversion, because the employee substantially interfered with the company's property.
- DIntentional infliction of emotional distress, due to the company's distress.
Show answer & explanationAnswer & explanation
Correct answer: C. Conversion, because the employee substantially interfered with the company's property.
Conversion applies when there is a serious interference with the possessory rights of another in their personal property, justifying the defendant paying the full value. Deleting critical files constitutes a serious interference, effectively depriving the company of its use and value, thus qualifying as conversion.
Why the other options are wrong
- A. Trespass to chattels requires actual harm or dispossession but typically applies to less severe interferences. Deleting critical files is usually considered severe enough for conversion.
- B. Trespass to land applies only to real property (land and things attached to it), not digital networks or data.
- D. Intentional infliction of emotional distress requires extreme and outrageous conduct causing severe emotional distress to a person, not a company, and is not the primary tort for property damage.
Conversion (Digital Data)
An intentional tort where a defendant seriously interferes with the possessory rights of another in their digital data, such that the defendant is justly required to pay the full value of the data or the cost of its recreation/replacement.
- Intentional exercise of dominion and control.
- Over digital data (considered personal property).
- Interference so serious it justifies full value payment or replacement costs.
Memory trick: Deleting critical data converts your digital property to a costly problem.