When can damages for trespass to chattels be awarded?

Damages for trespass to chattels can indeed be awarded based on actual damages and loss of use. This principle is rooted in the idea that when someone unlawfully interferes with another person's chattel (personal property), the owner can seek compensation for any actual harm or loss that results from that interference.

Actual damages can include repairs to the chattel, the value of the chattel if it is diminished, or any financial loss suffered due to not being able to use it. Additionally, loss of use refers to the inability to utilize the property during the time it was wrongfully withheld.

While destruction of the chattel or physical injury may impact the degree of damages, they are not prerequisites for recovering damages in a case of trespass to chattels. The focus is on the interference with the property rather than just the outcome of that interference, which allows for recovery even when there isn’t total destruction or physical harm. The intent of the defendant is also relevant in establishing liability, but it is not the sole determining factor for the awarding of damages.