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.
Florida Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion
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FAQ
The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property. Punitive damages are also possible, because conversion is an intentional tort. The standard remedy in a detinue action is an order that the property be returned.
The tort of conversion generally occurs where a person wrongfully refuses to relinquish property to which someone else has the right of possession and it can be established despite evidence that the defendant took or retained property based upon his mistaken belief that he had a right to possession, since malice is not ...
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your private property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction. Severely damages or misuses your property.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.
The elements required to plead a case of conversion under Florida law successfully are: The plaintiff's ownership or right to possession of the property; The defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and. Resulting damages.
Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.