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.
Montana 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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FAQ
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.
Conversion: Defendant must intend to take property from the plaintiff or deprive the plaintiff of its use. These are defenses the defendant can claim in court to show that they are not liable for the injury to the plaintiff: Consent ? if the plaintiff consented for the action to be done.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
In an action for conversion, it is usually no defense that the defendant acted in complete innocence and perfect good faith. ?To constitute conversion, there must be an intent on the part of the defendant to assert some right in the property.
(c) has the purpose of depriving the owner permanently of the use or benefit of the property. (2) A person convicted of theft of lost or mislaid property shall be fined not to exceed $500 or be imprisoned in the county jail for a period not to exceed 6 months. History: En.
Conversion occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent. The degree of interference for conversion must be so serious that the tortfeasor, or person accused of committing the tort, may be required to pay the full value of the property.
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.