A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
District of Columbia Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion
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FAQ
Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
The act constituting "conversion" must be an intentional act, but does not require wrongful intent, and is not excused by care, good faith, or lack of knowledge. Fraudulent intent is not an element of conversion.
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.
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.
Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it).
Affirmative Defense of Qualified Refusal A ?qualified refusal,? made in good faith, where the defendant had a reasonable doubt about the plaintiff's right to immediate possession, is a defense to conversion.
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 ...