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In law, conversion is an intentional tort to personal property (same as chattel), where defendant's unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. Plaintiff must have actual possession or an immediate right to possession at the time of the wrong. Absolute ownership is not necessary to establish standing to bring action. Interference in conversion means the exercise of dominion over another's chattel. Defendant must not have legal justification for such interference, and need only have intent to perform the act constituting interference. Intent to dispossess plaintiff of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the actor does not relieve actor of liability under conversion. Image File history File links Scale_of_justice. ...
Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ...
At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ...
False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ...
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ...
Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ...
Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ...
Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ...
In law, conversion is a tort that deals with the wrongful interference with goods. ...
In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ...
Replevin is an Anglo-French law term (derived from repletir, to replevy). ...
Trover signifies finding. ...
Libel redirects here. ...
Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ...
Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ...
In United States law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. ...
The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ...
Abuse of process is a common law intentional tort. ...
Malicious prosecution is a common law intentional tort. ...
In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ...
Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ...
In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread...
This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...
Fair comment is a legal term for a common law defense in defamation cases (libel or slander). ...
A contract is a legally binding exchange of promises or agreement between parties. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
The law of evidence governs the use of testimony (e. ...
// Balancing scales are symbolic of how law mediates peoples interests For other senses of this word, see Law (disambiguation). ...
Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
Personal property is a type of property. ...
Personal property is a type of property. ...
Both tangible items and intangible property can be the subject of a claim for conversion. When the domain name sex.com was wrongfully transferred to a con man, a claim for conversion was held to be available against the domain name registrar. The Internet domain name sex. ...
Stealing something from someone else is one form of conversion. However, conversion is not limited to theft: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel. Merely using another person's chattel can be grounds for conversion in certain cases. Everyday instance of theft: the bike which fits on this wheel has disappeared. ...
Remedy for conversion is usually in the form of damages equal to the fair market value of the chattel at the time of conversion. The converter can offer to return possession of the chattel to the complainant, but the complainant is not obligated to accept. If the complainant wants the chattel returned without any additional monetary damages, they can claim a related tort, detinue. A remedy is the solution or amelioration of a problem or difficulty. ...
In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ...
In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ...
Conversion and other offenses Conversion is an interference with another's ownership of property. It is a strict liablity tort where the defendant's intentions cannot be used as an excuse. It doesn't matter if the defendant made a mistake. An example of a conversion would be if I sold something of yours, even though it wasn't mine. Typical remedies for conversion include 1. returning the property 2. paying for the property 3. and/or paying for the loss of use of the property.
Additionally, damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel. Many actions can constitute both conversion and trespass. In these cases, a plaintiff must choose which claim to press based on what damages they seek to recover. It is the difference between forcing a rental fee and a total sale upon a defendant.
Recovery of Chattels One may use a "reasonable" amount of force in order to recover a chattel only if the wrongdoer is either in the process of taking the chattel or the owner of the chattel is in "hot pursuit" of the chattel. One implication of this standard is that chattels that are lent to a wrongdoer may not be recovered by force in most situations. Deadly force may never be used in the recovery of chattels. |
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