28.4 Elements of Trespass to Chattels.

• Jurisdiction: Arizona

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)...