This form is a listing of various Causes of Action. This form lists a variety of lawsuits which may be filed against a tortfeasor.
Kentucky List of Causes of Action
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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.
Generally stated, one who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which that process is not designed, is subject to liability to the other for harm caused by the abuse of process.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
To state a cause of action for conversion, a plaintiff must allege: (1) Plaintiff has legal title to the converted property; (2) Plaintiff has possession of the property or the right to possess it at the time of the conversion; (3) Defendant exercised dominion over the property in a manner which denied the plaintiff's ...
These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The ?clock" on claims starts ticking on either the date of the incident or the discovery of the harm.
This involves showing a duty of care, a breach of that duty, the cause in fact, proximate cause and damages. Between each of those elements are numerous defenses. Therefore, if a claimant cannot prove any one of those elements, his or her negligence case fails in its entirety.
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.
Restatement 2d of Torts § 222A: What Constitutes Conversion Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.