California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A disgruntled former employee, seeking revenge against their previous employer, intentionally accessed the company's internal server using a stolen password. The employee viewed confidential client data but did not delete, alter, or copy any files. The company discovers the unauthorized access and sues the former employee. Which intentional tort is the company MOST likely to successfully claim?
- AFalse Imprisonment
- BIntentional Infliction of Emotional Distress
- CTrespass to Chattels
- DConversion
Show answer & explanationAnswer & explanation
Correct answer: C. Trespass to Chattels
Trespass to chattels involves an intentional interference with the plaintiff's right to possession of personal property. Here, unauthorized access to a server and viewing data, even without damage or deprivation, constitutes an interference with the company's possessory interest in its data and server, satisfying the elements of trespass to chattels.
Why the other options are wrong
- A. False Imprisonment requires unlawful confinement of a person, which is entirely unrelated to the facts presented.
- B. Intentional Infliction of Emotional Distress requires extreme and outrageous conduct causing severe emotional distress, which is not supported by these facts.
- D. Conversion requires a more substantial interference with property, typically an exercise of dominion and control over the chattel that is so serious as to justify requiring the tortfeasor to pay its full value. Merely viewing data without copying or altering is insufficient.
Trespass to Chattels
Trespass to chattels is an intentional interference with the plaintiff's right to possession of personal property, resulting in actual harm to the chattel, deprivation of its use, or harm to the possessor's legally protected interest.
- Requires intentional act.
- Interference with possessory interest.
- Can include unauthorized use or intermeddling.
- Actual damage or deprivation of use not always required if a legally protected interest is harmed.
Memory trick: Don't Convert or Trespass!