Conversion

Definition

Conversion is the intentional tort that involves taking someone else's property and treating it as if it were your own, without permission. This can include actions like stealing, misusing, or altering the property in a way that denies the rightful owner of their use and enjoyment. It focuses on the wrongful possession or control over another's property, highlighting the importance of ownership rights and the legal protections that exist against unauthorized use.

5 Must Know Facts For Your Next Test

1. Conversion can occur even if the person did not intend to permanently deprive the owner of their property, as long as they exercised control over it without permission.
2. The owner can seek legal remedies for conversion, which typically involve recovering the property's value or getting the property returned.
3. Common examples of conversion include borrowing someone’s car without asking and selling someone’s personal belongings without their consent.
4. Conversion applies to tangible personal property, but it can also extend to intangible property like stock certificates or intellectual property.
5. In some cases, a defendant may argue a defense such as 'necessity' if they took someone else's property to prevent greater harm, but this defense is limited and case-specific.

Review Questions

• How does conversion differ from other forms of property interference, such as trespass to chattels?
  • Conversion differs from trespass to chattels in that conversion involves a complete denial of an owner's rights to their property, whereas trespass to chattels refers to temporary interference with someone's possession. In conversion, the actions taken by the defendant are so substantial that they effectively deprive the owner of their property permanently or for a significant period. Thus, while both are intentional torts related to property, conversion is considered more severe due to its impact on ownership rights.
• Discuss how damages are calculated in cases of conversion and what factors may influence the outcome.
  • In cases of conversion, damages are typically calculated based on the fair market value of the property at the time of the conversion. Factors that may influence the outcome include the type of property involved, any unique value it holds for the owner, and whether the property was returned. If the property is not returned, additional considerations may include loss of use and any consequential damages incurred by the owner due to the wrongful act. Courts aim to make the owner whole by compensating them for their loss.
• Evaluate how defenses against conversion claims might play out in a real-world scenario involving borrowed items.
  • Defenses against conversion claims could significantly impact outcomes in real-world situations where items are borrowed without permission. For example, if a defendant claims they borrowed an item believing it was abandoned or that they had consent from a third party, this could undermine a conversion claim. However, proving such defenses often requires clear evidence or documentation. The success of these defenses can vary based on jurisdiction and specific circumstances surrounding each case, demonstrating the complexities of property law.

Related terms

Trespass to Chattels:

An intentional tort that occurs when someone interferes with another person's lawful possession of personal property.

Intentional Infliction of Emotional Distress:

A tort that involves extreme and outrageous conduct that causes severe emotional trauma to another person.

Damages:

Monetary compensation awarded to a person for loss or injury due to another's unlawful act, including conversion.