what is "conversion"?

Answer 1

Two related concepts:

II. TRESPASS TO CHATTELS

A. Definition: "Trespass to chattels" is defined as any intentional interference with a person's use or possession of a chattel. [39] D only has to pay damages, not the full value of the property (as in conversion, below).

1. Loss of possession: If P loses possession of the chattel for any time, recovery is allowed even if the chattel is returned unharmed. [40] (Example: D takes P's car for a five-minute "joy ride," and returns it unharmed. D has committed trespass to chattels.)

III. CONVERSION

A. Definition: Conversion is an intentional interference with P's possession or ownership of property that is so substantial that D should be required to pay the property's full value. [40]

Example: D steals P's car, then seriously (though not irreparably) damages it in a collision. D is liable for conversion, and will be required to pay P the full value of the car (though D gets to keep the car).

B. Intent: Conversion is an intentional tort, but all that is required is that D have intended to take possession of the property. Mistake as to ownership will generally not be a defense. [41] (Example: D buys an old painting from an art dealer, and reasonably believes that the art dealer has good title. In fact, the painting was stolen from P years before. D keeps the painting in his house for 10 years. D is liable for conversion, notwithstanding his honest mistake about title.)

C. Distinguished from trespass to chattels: Courts consider several factors in determining whether D's interference with P's possessory rights is severe enough to be conversion, or just trespass to chattels. Factors include: (1) duration of D's dominion over the property; (2) D's good or bad faith; (3) the harm done to the property; and (4) the inconvenience caused to P. [41 - 42]

D. Different ways to commit: There are different ways in which conversion may be committed: [42 - 46]

1. Acquiring possession: D takes possession of the property from P.

a. Bona fide purchaser: Most courts hold that a bona fide purchaser of stolen goods is a converter, even if there is no way he could have known that they were stolen. [42]

2. Transfer to third person: D can also commi conversion by transferring a chattel to one who is not entitled to it. (Example: D, a messenger service, delivers a package to the wrong person, X. X absconds with the goods. D has committed conversion, even though D did not end up with possession of the goods.) [43 - 44]

3. Withholding good: D may commit conversion by refusing to return goods to their owner, if the refusal lasts for a substantial time. (Example: D, a parking garage, refuses to give P back her car for a day.) [44 - 45]

4. Destruction: Conversion may occur if D destroys the goods, or fundamentally alters them.

E. Forced sale: If P is successful with her tort suit, a forced sale occurs: D is required to pay the full value of the goods (not just the amount of the use or damage, as in trespass to chattels), but gets to keep the goods. [46]

Answer 2

Exactly what it sounds like "making something into something else". For example, larceny by conversion happens when you sell candy bars for a school function and then keep the money for your own use, although it is not yours.

Answer 3

keeping or not giving back some item that you legally have but refuse to return.

you borrow my mower, I ask for it back, you refuse to give it back,

You did not steal it, but you are guilty o conversion, it goes by various names in other states

Answer 4

Haha, jesus,...i have a torts midterm on thursday, and this is one of the topics on the test. how coincidental.