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Elements of Crime and Intentional Tort
Pages 3 (753 words)
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.
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. ...
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