28.4.1 Intent Required.
Jurisdiction | Arizona |
28.4.1 Intent Required. Trespass to chattels is an intentional tort: “there can be no unintended ‘trespass’ to a chattel.”12 The plaintiff must show that the defendant’s conduct was for the purpose of interfering with the plaintiff’s possessory interest, or that the defendant acted “with knowledge that such an intermeddling will, to a substantial certainty, result from the act.”13 Importantly, a defendant can be found liable for trespass even in situations in which he did not know that he was interfering...
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- 28.1 Chapter Scope
- 28.2 Statute of Limitations
- 28.3 Introduction
- 28.4 Elements of Trespass to Chattels.
- 28.4.1 Intent Required.
- 28.4.2 Standing to Bring Suit.
- 28.4.3 Measure of Damages.
- 28.5 Elements of Trespass to Land.
- 28.5.1 Intent.
- 28.5.2 Injury.
- 28.5.3 Standing to Bring Suit.
- 28.5.4 Damages for Trespass to Land.
- 28.6 Injunctive Relief
- 28.7 Overflight and Underground Trespass
- 28.8 Encroachment by Vegetation Objects
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