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31. In an action by the man against the neighbor, which of the following claims would be likely to result in the greatest monetary recovery?
A man owned a much-loved cat, worth about $25, that frequently trespassed on a neighbor's property. The neighbor repeatedly asked the man to keep the cat on his own property, but the trespasses did not diminish. Aware of the man's long-standing attachment to the cat, the neighbor killed the cat with a shotgun in full view of the man. As a consequence, the man suffered great emotional distress.
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A is incorrect. The neighbor did not touch the man, so the neighbor is not liable for battery. There was an intentional touching, but the touching constituted only trespass to a chattel.
C is incorrect. Trespass to chattels provides an action for intentional interference with the plaintiff's chattel in a way that causes recognizable harm to the chattel, which was the case here. While the man could state a case of trespass to chattels, any recoverable damages would be limited to $25, the value of the cat. An action establishing intentional infliction of emotional distress would result in a larger recovery.
D is incorrect. Conversion provides a cause of action for interference with a chattel that is substantial enough to amount to the exercise of dominion or control. While the man could state a case for conversion, any recoverable damages would be limited. The standard remedy in conversion is a forced sale, so the man could recover no more than $25, the value of the cat. An action establishing intentional infliction of emotional distress would result in a larger recovery.