In the case where A mistakenly levies execution on C's property instead of B's, what is A's liability status?

Torts Restatement Problems Test: Elevate your understanding with quizzes, flashcards, and explanations designed to reinforce key concepts and improve your score. Start your preparation today!

In this scenario, A mistakenly levies execution on C's property, which means A has essentially interfered with C's rights to their property without proper authority. The key aspect of tort law relevant here is that individuals are held liable for their actions that result in the unlawful appropriation of another's property, even if done mistakenly.

The correct answer indicates that A is subject to liability to C for at least nominal damages. This notion arises from the principle that when a trespass or an unlawful seizure occurs, the victim (C) is entitled to some form of legal remedy, regardless of the intention behind A's actions. Even if A's actions were based on a genuine mistake, the law often aims to protect property rights and thus affords compensation to C, even if it might be a minimal amount (nominal damages).

Nominal damages are awarded in tort cases to recognize that a legal wrong has occurred, without the necessity of proving actual harm or loss. In this situation, the act of wrongfully levying execution constitutes an invasion of property rights, leading to a liability on the part of A toward C.

The other options do not align with the legal principles governing this area of tort law. For instance, saying A is not liable because it was

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy