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.
Illinois Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion
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How to fill out Instruction To Jury That Unauthorized Sale Of Personal Property Can Constitute Conversion?
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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.
In Illinois, you must prove four elements to establish a case for conversion of your personal property. You have a personal right to a specific piece of property. The defendant exercised unlawful control over your property. You have the right to immediate possession of your property (having it returned).
Under Illinois law, a cause of action for conversion requires proof of the following elements: "(1) a right in the properly; (2) the right to immediate, absolute, and unconditional Possession of the property; (3) defendant's unauthorized and wrongful assumption of control, dominion, or ownership over the property; and ...
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 standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
It can be an intentional exercise of control over the other person's money or assets which may interfere with their right to power it and use what they want for themselves. In terms of a lawsuit, conversion is considered to be an offense.
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.