Minnesota Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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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.

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FAQ

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.

Conversion requires the following two elements: ?(1) the plaintiff has a property interest and (2) the defendant deprives the plaintiff of that interest.? Lassen v. First Bank Eden Prairie, 514 N.W. 2d 831, 838 (Minn.

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.

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.

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.

Conversion is a tort that occurs when a person ?willfully interferes with the personal property of another without lawful justification, depriving the lawful possessor of use and possession.? Williamson v. Prasciunas, 661 N.W. 2d 645, 649 (Minn.

An example might be tapping someone's secured wireless LAN or public utility line (which could also amount to theft of services). Another example might be taking a joy ride in a car, never intending to keep it from the owner.

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Minnesota Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion