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.
Oregon 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
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.
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.
In order to state a claim for conversion under Oregon law, ?a party must establish the intentional exercise of dominion or control over a chattel that so seriously interferes with the right of another to control it that the actor may justly be required to pay the full value of the chattel.
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.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
Conversion is charged when a person is accused of knowingly or intentionally exerting unauthorized control over property of another person. This crime differs from theft because there is no element of intending to deprive the other person of the value or use of the property. Conversion is a Class A misdemeanor.
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.
