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8 Cards in this Set

  • Front
  • Back
74. Conversion
Intentional exercise of dominion or control over chattel in exclusion or defiance of the possessor's right to control.
75. Elements of Conversion
1. An act by the defendant that interferes with the plaintiff's right of possession in the chattel that is serious enough in nature or consequence to warrant that the defendant pay the full value of the chattel.

2. Intent to perform the act that brings about the interference with the plaintiff's right of possession, and

3. Causation
76. Conversion: Acts of Conversion
1. Wrongful Acquisition (Theft, embezzlement)

2. Wrongful Transfer (Selling, misdelivering, pledging)

3. Wrongful Detention (Refusing to return to owner)

4. Substantially Changing

5. Severely damaging or destroying

6. Misusing the Chattel
77. Conversion: Intent
It is only necessary that the defendant intended to act, not that they intended to commit conversion. Even if the conduct is wholly innocent, liability may attach where the interference is serious in nature.

1. Bona fide purchaser may be liable: A purchaser may be liable for conversion even if they didn't know the chattel had been stolen.

2. Accidental conduct is insufficient: Accidentally causing damage to or loss of another's chattel does not amount to conversion unless the actor was using the chattel without permission at the time.
Conversion: What can be converted?
1. Tangible personal property (chattel).

2. No conversion for land, buildings or other items attached to the ground.

3. No conversion for intangible property (copyright, information).

4. If an object is enough of a symbol of the chattel, the retention of that object is the same as the retention of the chattel. (ex. Stock certificate, car keys)
Conversion:Who may bring the action for conversion?
1. Anyone with possession or immediate right to possession

2. However, if the possessor is not the true owner, she is accountable to the true owner for any recovery to the extent of the owner's interest
Conversion: Remedies
1. The plaintiff is entitled to damages for the fair market value of the chattel computed as of the time and place of conversion.

2. Even if the defendant wishes to return the item, the plaintiff is not obligated to take it back after it has been converted

3. BUT if the plaintiff wishes to get the chattel back, she may do so by availing herself of the remedy of replevin
Conversion: Factors that should be considered
1. Extent of control (how difficult is it to get back).

2. Actor’s intent to assert a right over the object.

3. Duration of control.

4. Good faith of D.

5. Harm done to property.

6. Inconvenience or expense to P to retrieve