28.4 Elements of Trespass to Chattels.

JurisdictionArizona

28.4 Elements of Trespass to Chattels. Arizona follows the Restatement’s formulation of the elements of trespass to chattels.7 To establish a claim for trespass to chattels, the plaintiff must show that the defendant intentionally “dispossessed” the plaintiff of his property, or “intermeddled” with the property in the possession of the plaintiff.8 “Dispossession” occurs by intentionally: (1) taking the plaintiff’s chattel without consent; (2) obtaining possession of a chattel from the plaintiff by means of fraud or duress; (3) barring the plaintiff’s access to the chattel; (4) destroying the chattel while in the plaintiff’s possession; or (5)...

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