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.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
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Rule 166a in Texas relates to the summary judgment process. It allows a party to seek a judgment in their favor without a full trial if there is no genuine issue of material fact. This rule is significant, especially in cases concerned with the Tarrant Texas Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion, as it provides a mechanism to resolve disputes swiftly.
In North Carolina, conversion is defined as: "(1) the unauthorized assumption and exercise of the right of ownership; (2) over the goods or personal property; (3) of another; (4) to the exclusion of the rights of the true owner." Estate of Graham v. Morrison, 168 N.C. App.
1. Conversion by Taking. Since the owner is entitled to the use of his property all the times, a person is said to be guilty of Conversion if he takes the chattel out of the possession of anyone else (the owner) having the intention of exercising a permanent or temporary dominion over it.
The justification or defences to an action for conversion are: Lien, either general or particular Demand and refusal are not considered as evidence of conversion, if the party has a lien upon the chattel. Right of stoppage in transit This defence arises out of contract which is related to the sale of goods.
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.
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.
Conversion by taking: it is conversion to take goods without lawful justification out of the possession of the person entitled to them with the intention of exercising a permanent or temporary definition over them. It is essential however that the defendant should have intended to exercise Dominion over the chattel.
The justification or defences to an action for conversion are: Lien, either general or particular Demand and refusal are not considered as evidence of conversion, if the party has a lien upon the chattel. Right of stoppage in transit This defence arises out of contract which is related to the sale of goods.
