Issues-Claim for Damages Based Upon Conversion of Personal Property is a legal claim for damages arising from the wrongful taking or use of personal property. This can include the taking of a car, a piece of jewelry, a pet, or other personal property without the consent of the rightful owner. Different types of Issues-Claim for Damages Based Upon Conversion of Personal Property include claims for trespass to chattels, conversion, repletion, and retinue. In order for a claim to be successful the claimant must prove that they are the rightful owner of the property, that the property was wrongfully taken or used, and that they have suffered damages as a result of the conversion. Damages could be in the form of the value of the property, the cost of replacing the property, or any other losses that have been suffered as a result of the conversion.
Issues-Claim for Damages Based Upon Conversion of Personal Property
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FAQ
For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction. Severely damages or misuses your property.
A conversion occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property. It is a tort which allows the injured party to seek legal relief. This article shall discuss the basic law involving conversion.
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.
In fact, a lawsuit for conversion is not only done with the purpose of returning the property but rather to sue for money damages to compensate the plaintiff for the loss of the personal property or its use for a certain period of time.
For example, if I ask you to hold $500 in cash with the expectation that this money will be returned to me when I ask for it and it is not, a claim for conversion of money arises.
Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.
For example, a person taking, selling or modifying goods that belong to another (therefore depriving the other person of their right to possess the goods) is conversion. The defendant does not necessarily need to be aware that the goods belong to someone else or intend to challenge the owner's right to possession.