07134
Question Analysis
Paul owns a 50-acre lot in the country. Doug owns a smaller unimproved lot to the north. A stream runs through Paul's lot near the boundary line with Doug’s lot. Paul has a house at the south end of his lot and uses it for summer vacations. He plans to build a larger house in the future.
Doug began to clear his land to build a house. To do so, he had to fell trees and haul them to a nearby lumber mill. He asked Paul if he could take a short cut across Paul’s lot to the mill, and Paul agreed.
On his first trip, Doug dumped the trees on Paul's lot near the stream, in a wooded area Paul was unlikely to see, much less use. Several of the trees rolled in the stream, blocking its natural flow.
Paul left for the winter. As a result of the winter’s normal rainfall, the stream overflowed, causing water to rush down to Paul’s house at the other end of the lot, flooding his garage and damaging a 3-year-old motorcycle.
Paul returned in the summer and learned what had happened. It will cost $30,000 to remove the trees. The trees’ presence on the lot has depressed its market value from $50,000 to $40,000. It will cost $5,000 to repair the motorcycle, and $4,000 to buy a new one.
What intentional tort claims can Paul reasonably bring against Doug (#1) and what remedies can he reasonably seek? (#2) Discuss.
Outline
1. Intentional Torts
(1) Trespass to Land
1) Defenses
- Consent
- License
- Necessity
(2) Trespass to Chattel
1) Defenses- Consent
(3) Conversion
1) Defenses- Consent
2. Remedies
(1) Legal Damages
1) Compensatory Damage
- Mitigation
- Certainty
- Unavoidable
- Fair market value
2) Punitive Damages
(2) Legal/Equitable Restitution
(3) Injunction
1) Inadequate legal remedy
2) Balance of Hardship