The traditional view regarding trespass is that there must be an actual tangible invasion. Consequently» the projection of light, noise» vibrations are not deemed by the majority of courts to constitute a trespass. Such invasions may amount to an unreasonable interference constituting the tort of nuisance. The trespasser will be liable for any damages done. To commit a trespass, one need not have the intent of conscious wrongdoing.

Conversion occurs when a person intentionally exercises exclusive control over the personal property of another without permission.2 Conversion may be committed in a number of ways. Acquistion of property without justification is one way. This may be the Jesuit of theft or fraud, or even mistake if the continued possession is serious.3 The factors important in the determination of seriousness include the duration of time the defendant has exercised control over the property, the defendant’s motive and the harm done. The proper remedy in the event of a conversion is either the proceeds from the forced sale of the property, or, at the plaintiff’s election, the return of the property.

Fraud concerns the misrepresentation of a material fact mflHp with ilic intention to deceive. If an innocent person reasonably relics npon the misrepresentation and is damaged as a result, the injured person may successfully sue for fraud.

Other intentional torts are related to business and they constitute interference with commercial or economic relations. Intentional interference with another’s contractual relations is a common tort of this type. If a defendant induces a breach of contract between the plaintiff and a third party, or interferes with the performance of the contract, he is liable for his act of tort.

Stealing a competitor’s trade secrets is also an intentional tort. Many trade secrets cases involve claims by employers against former employees who had made use of confidential information or other forms of property that qualify as trade secrets. However» employees cannot be held liable for making use of the skills or general knowledge they acquired at a previous job.

The law provides specific lines of defense for each kind of intentional tort. The widely used defenses are consent, privilege, necessity and truth.

Even though a tort has been committed，the law does not compensate the injured party if, in fact，that person consented to the tort. Consent may be expressed as well as implied. The law will not infer consent unless it is reasonable under the circumstances.6 Consent is not a defense when a wrongdoer deliberately takes advantage of another person’s ignorance. Furthermore, consent must also be voluntary. It is not valid if given under duress.

Privilege is a special exemption from liability for allegedly tortious behavior. They may be either absolute or conditional, and are granted to individuals or corporations fulfilling important public functions to protect them from liability for acts related to those functions If the privilege granted is absolute, the defendants are immune from all liability regardless of their motives or purposes. A conditional privilege means that immunity is granted only when a defendant has acted in good faith. Self-defense is an example of a conditional privilege.

Whenever a person commits what would otherwise be a land trespass for self-protection 9 the law recognizes that necessity would disallow the land owner nominal damages.8 The law affords a person the right to use force proportionate to the occasion necessary for self-protection.

Truth is the best defense with respect to the tort of defamation. And the invasion of privacy is different from the tort of defamation in one important respect : truth is no defense against the invasion of privacy.

Answer the following questions :
1. What are the torts which harm property? Explain them.
2. What is a conversion? What are the usual remedies for it?
3. What are the elements necessary to establish fraud?
4. List some torts related to business.
5. How does a tort of interference with contractual relations happen?
6. What are the common defenses for intentional torts?
7. When will an implied consent be recognized as a defense?
8. What is necessity? Give an example
9. What is privilege? Use examples to explain it.
10. What is truth as a defense? Is it good as a defense against invasion of privacy?