Conversion

Front 1

Rule for Conversion

Back 1

Conversion: trespass to chattels on steroids

A. Major interference which gives rise to Trespass to chattels: The difference between the torts is a matter of degree.

B. What Constitutes Conversion: Restatement, Second of Torts, § 222A

(1) Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.

(2) In determining the seriousness of the interference and the justice of requiring the actor to pay the full value, the following factors are important:

(a) the extent and duration of the actor's exercise of dominion or control;
(b) the actor's intent to assert a right in fact inconsistent with the other's right of control;
(c) the actor's good faith;
(d) the extent and duration of the resulting interference with the other's right of control;
(e) the harm done to the chattel;
(f) the inconvenience and expense caused to the other.

C. Conversion by Bailees: **Not on the test**
There is No liability for:
Receiving without notice
Re-delivering without notice
Re-delivering to the true owner

Liability will be imposed for”
Receiving with notice
Re-delivering to bailor with notice of the true owner’s claim

Conversion Remedies
Actual damages, Recovery of D’s Gain (assumpsit/restitution), Fair market value, Replevin