Also known as: intentional intermeddling · intermeddling
Written by attorneys · grounded in primary & secondary sources — see below
An intentional interference with another's possessory interest in a chattel by using or handling the chattel without permission. The interference must be purposeful and result in some impairment to the owner's use or control.
Ten-year-old Mia rode her scooter into Rico's unfenced auto shop bay after hours. She intentionally manipulated the hydraulic lift controls without permission. Mia's purposeful intermeddling with the equipment impaired Rico's possessory control over the machinery.
Trevor retrieved Roger's rolling suitcase from behind the counter without permission. He selected several designer outfits and dressed mannequins for a two-day store promotion. Trevor's deliberate handling and commercial use of the garments constituted intentional intermeddling with Roger's chattels even though the items were later returned.
Select any source to read its text and confirm it supports the definition.
Ethan directed Luke to wheel Brock's locked bicycle from the public rack into a fenced maintenance area. Brock returned from his trip to find the bicycle inaccessible for eight hours. The intentional relocation without Brock's consent amounted to intermeddling that deprived him of use during that period.
Cyber Promotions sent thousands of unsolicited messages to CompuServe subscribers. The volume of incoming mail consumed server resources and forced CompuServe to expend staff time blocking the traffic. The deliberate flooding of the system constituted intentional intermeddling with CompuServe's chattel.
Bidder's Edge deployed automated crawlers that repeatedly accessed eBay's listing servers to collect auction data. The repeated queries imposed a measurable load on eBay's systems and deprived eBay of exclusive control over server capacity. The systematic scraping amounted to intentional intermeddling with eBay's chattels.
Harm includes any impairment to the owner's ability to use or control the chattel, such as removal of identifying labels that forces recalibration or loss of exclusive use for a meaningful period. Physical damage is not required.
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Temporary use can support liability when it deprives the owner of control for a substantial period or alters the chattel's condition in a way that impairs utility, even if the item is returned undamaged.
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A child's youth supports liability when it prevents the child from discovering the condition or realizing the risk of intermeddling with it or entering the dangerous area created by an artificial condition on land.
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Yes. The defendant must act with purpose to affect the chattel or with substantial certainty that the interference will occur, as shown by deliberate removal, handling, or use without permission.
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…v. Ham (1955) 44 Cal.2d 772 [285 P.2d 269], we posited liability on the owner of a bulldozer because of a "foreseeable risk of intermeddling" (p. 776), noting especially the great danger the bulldozer created and the special temptation it presented to third parties. Similarly, in Hergenrether v. East, supra, 61 Cal.2d 440, we…