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Elements of Crime and Intentional Tort - Essay Example

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Elements of Crime and Intentional Tort

Trespass falls under the law of tort and it is aimed to protecting one's personal property.
For one to succeed in an act of trespass to property, one has to establish that at the time of trespass, he had the possession of the goods either actual or constructive. Also he need to establish that his possession had been wrongfully interfered with or disturbed. 1
Trespass on chattels or goods whereby just like trespass to land, the action is based on possession. The tort consists of the interference with the goods which are in the actual possession of the plaintiff.
The other category is detinue which is the wrongful withholding of the goods of another. It lies for the specific recovery of goods wrongfully detained from the possession of the person entitled to their possession. Before the plaintiff can institute proceedings in the case of detinue, there should be evidence on his part of having asked the defendant to return the goods to the plaintiff and of refusal to do so by the defendant.
In Conversion, is where a person entitled to possession of goods can maintain an action for conversion against anyone acting inconsistently with the rights of his ownership. Thus a refusal to deliver goods is conversion even though no damage is caused to them. The cat of conversion is committed in the following circumstances:
When the property is wrongly taken where the taking is not with the intention of acquiring full ownership of the property.
When the properties are wrongly parted with when a person hands over property belonging to another without the permission of the owner.
Thirdly, it is an act of conversion when goods are wrongly sold even if they are sold in good faith.
When the properties are wrongly retained by another.
Lastly is when the property is wrongly destroyed. 2
The above is the traditional definition of trespass to property together with its
categories.

Does the definition of trespass to personal property in your text differ from the California definition of trespass to computer services How
The definition of traditional trespass to personal property differs with that one of California definition of trespass to computer services in the following ways;
Whereas the traditional definition of trespass to property recognizes the actual physical interference of someone else's property, California definition of trespass to computer services is the crime that does not involve the actual physical interference of the property but theft of data and documentation, theft or disruption of computer services.
Whereas the traditional definition of trespass normal protects a tangible property, the California law of trespass to computer services protects the creative ideas generated by a business. These are business intellectual properties that happen to be the most important aspect in a business as they are the strategic competitive weapons. If these intellectual properties are not protected, then the ideas of the company can be used by others ...Show more

Summary

Even though the eBay site was accessible to the public at large, they had allowed limited access to their customers. Bidder Edge had a hit of 80,000-100,000 per day which was harming the eBay's system to be slow, data loss and even system unavailability. This was not how eBay intended their customer to use their server as they were allowing their customers only a limited access to it.
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Elements of Crime and Intentional Tort essay example
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