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.
Massachusetts Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion
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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.
The tort of conversion consists of a wrongful exercise of dominion or control over the personal property of another. To recover, you must establish that you had possession or the right to possession of the property at issue. You do not have to prove that you owned the property.
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.
[27] The tort of conversion ?involves a wrongful interference with the goods of another, such as taking, using or destroying these goods in a manner inconsistent with the owner's right of possession?: Boma Manufacturing Ltd. v. Canadian Imperial Bank of Commerce, 1996 CanLII 149 (SCC), [1996] 3 S.C.R.
In a fourth area of tort law, Damages, another matter is often considered as well. And that matter is referred to as "parasitic" emotional harm-the harm produced as a byproduct of some physical injury.
These criteria are: (1) whether the activity poses a high risk of harm; (2) whether the harm, if it occurs, is likely to be great; (3) whether accidents occur even when reasonable care is exercised; (4) whether the activity is commonly engaged in; (5) whether the activity is appropriate to the place where it is carried ...
[RESTATEMENT (SECOND) OF TORTS] § 221." Id . "Second, a person may dispossess another of tangible property through the active use of an agent.
The general rule is that there is no conversion until some act is done which is a denial or violation of the plaintiff's dominion over or rights in the property. To constitute a conversion of a chattel, there must be an unauthorized assumption of the right to possession or ownership.