Appropriation

Definition

Appropriation refers to the unauthorized use or taking of another's property or ideas, often without permission or acknowledgment. This concept is particularly relevant in the contexts of intentional torts and negligence, where it can have legal implications.

5 Must Know Facts For Your Next Test

1. Appropriation can constitute an intentional tort, such as conversion or trespass, when it involves the unauthorized taking or use of another's tangible property.
2. In the context of intellectual property, appropriation can amount to misappropriation of trade secrets, ideas, or creative works, potentially leading to liability for the infringer.
3. Negligent appropriation can occur when a person fails to exercise reasonable care in handling or using another's property, resulting in its loss, damage, or unauthorized use.
4. The degree of intent and the nature of the property or ideas appropriated can impact the legal consequences, which may range from civil liability to criminal charges.
5. Defenses to appropriation claims may include consent, fair use, or the public's right to access certain information or ideas.

Review Questions

• Explain how appropriation can constitute an intentional tort and provide an example.
  • Appropriation can constitute an intentional tort, such as conversion or trespass, when it involves the unauthorized taking or use of another's tangible property. For example, if a person takes and uses a neighbor's lawnmower without permission, they may be liable for the tort of conversion, as they have exercised unauthorized control over the neighbor's personal property, depriving the owner of its use and possession.
• Describe the relationship between appropriation and intellectual property, and discuss the potential legal consequences.
  • In the context of intellectual property, appropriation can amount to misappropriation of trade secrets, ideas, or creative works. This can occur when a person uses or discloses another's confidential information or takes and uses their ideas or creative expression without permission. The legal consequences for such appropriation can include civil liability for damages, injunctions to prevent further use, and in some cases, criminal charges for theft of trade secrets or copyright infringement.
• Analyze how negligent appropriation can arise and the potential legal implications.
  • Negligent appropriation can occur when a person fails to exercise reasonable care in handling or using another's property, resulting in its loss, damage, or unauthorized use. For instance, if a person borrows a valuable painting and carelessly damages it due to their negligence, they may be liable for the tort of negligent appropriation. The legal implications can include the requirement to compensate the owner for the damage or loss of the property, as well as potential liability for any foreseeable consequences that arise from the negligent handling or use of the property.

Related terms

Conversion:

The unauthorized and wrongful exercise of control or dominion over another's personal property, effectively depriving the owner of its use and possession.

Trespass:

The unauthorized entry or intrusion upon land or property that belongs to another, often resulting in harm or interference with the owner's exclusive possession.

Misappropriation: The unauthorized or improper use or taking of another's property, ideas, or information for one's own benefit or gain.