Conversion
What is difference between Conversion and TC?
Conversion is trying to recover for FMV. TC - measure of damage caused...
What can be converted?
Any type of legally protected personal property. Real property can't be converted, but minerals, crops, and trees severed from the realty can be converted because once severed, they're no longer considered real property.
What are methods of Conversion? Bonus points on an essay....
A conversion may be committed by intentionally (a) dispossessing another of a chattel (b) destroying or altering a chattel (c) using a chattel (d) receiving a chattel (e) disposing of a chattel (f) misdelivering a chattel (g) refusing to surrender a chattel
What is Sale, Disposal, Transfer of Possession?
A transfer of possession without actual sale and without gain to the D may still operate as a conversion. Liability if get rid of old stuff.
What is Conversion?
Conversion is an intentional exercise of dominion or control over a chattel. It occurs when an actor so seriously interferes with one's right to control a chattel that the actor may justly be required to pay the other the full value of the chattel. Recovery of full value of chattel at time of the tort, not replacement value. Take a bike from P, P thinks stolen and goes to buy a new one, bike is then returned, do not want the old bike back because you now have a new one, D may have to pay Full Market Value (FMV) of replaced bike. Conversion exists only when damage or other interference's with personal property is sufficiently serious to justify a forced sale to D. TC and Conversion overlap when more serious interference with the chattel than might satisfy minimal threshold for TC. Adequate interference with property to constitute conversion does not preclude liability under TC. If A mistakenly takes B's chattel and then accidentally loses or destroys the chattel, A's intentional taking, although in good faith, constitutes conversion, because the deprivation of chattel is permanent.
Hypos
If A intentionally destroys B's chattel, is it conversion or trespass to chattels? Conversion. If A intentionally causes minor damage to B's chattel, is it conversion or trespass to chattels? TC A attempts to steal B's chattel; is it conversion or trespass to chattels? Neither A mistakenly takes B's chattel but returns it within a minute after realizing his mistake; is it conversion or trespass to chattels? Conversion? A mistakenly takes B's chattel (thinking it's his own) and then accidentally loses or destroys it; is it conversion or trespass to chattels? A mistakenly takes B's chattel (thinking it's his own) and then accidentally loses or destroys it; is it conversion or trespass to chattels? Conversion - because deprivation is permanent. Tort Law, someone is always liable.
What is Bona Fide Purchaser of Converted Goods?
If innocent purchaser buys from a thief, he's a converter & fully liable for conversion. If innocent purchaser buys from someone with voidable title, he's not liable for conversion & retains the chattel with impunity. UCC: If innocent purchaser buys from someone in the business of selling those goods, he takes title to the goods. Receiver of stolen goods is liable for Conversion. Under duress grandmother sells car to grandson so grandson can sell car for drugs....go after the grandson for Conversion. Grandmother can keep car??
What are factors for Conversion?
Important factors to determine seriousness of interference & the justice of requiring D to pay the full FMV (@ time of tort): FMV = Full Market Value Factors (FDR) not elements. 1. Extent & duration of actor's exercise of dominion or control; 2. Actor's intent to assert a right in fact inconsistent with the other's right of control; 3. Actor's good faith; 4. Extent & duration of resulting interference with the right of control; 5. Harm done to the chattel; and 6. Inconvenience & expense caused to the other.
What is the consequence for conversion when explaining intent?
The exercise of dominion and control over P's chattel, and the intent for conversion can be shown by D's purpose to affect the chattel in question or by D KWSC that the chattel will be affected.
What is model law for Conversion?
To establish conversion, P must prove, by a preponderance of the evidence, which means more likely than not, the following: D committed a volitional act intending to exercise dominion and control over P's tangible personal property (chattel); and D exercised dominion and control over P's chattel, and this exercise of dominion and control so seriously interfered with P's right to control or possess the chattel that D should be required to pay the full fair market value of the chattel at the time of the conversion. Six Factors are looked at in determining the seriousness of the interference: The extent & duration of D's exercise of dominion & control, D's intent to assert a right inconsistent with P's right of control, D's good faith, The extent & duration of the resulting interference with P's right of control, The harm done to the chattel, and The inconvenience and expense caused to P Bonus: Conversion can be committed by intentionally doing any of the following: Dispossessing another of a chattel (stealing) Destroying or altering a chattel Using a chattel in a manner consistent with ownership Receiving a chattel Disposing of a chattel Misdelivering a chattel Refusing to surrender a chattel when obligated to do so.
Would you want chattel back in current condition?
Yes - TC; ok if damaged No - Conversion