A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
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Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
The elements of conversion are[iv]: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
In relation to chattels, the tort of trespass only protects possession, while an action in conversion can be brought by a person in actual possession, or a person with the right to immediate possession. The concept of possession is not limited to actual physical occupation or custody.
To determine whether the level of interference is serious enough to constitute a conversion, courts consider the following factors (HAGRID): The degree of Harm done to the chattel. The defendant's intent to Assert a right inconsistent with the plaintiff's right of control.
The two elements of a conversion claim are 1) that the plaintiff actually had the right to possess the property and 2) that the defendant actually assumed control over the property that the plaintiff had a right to control and possess, and thereby interfered with the plaintiff's property in a manner that infringed on ...
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.
A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.