Conversion (law)
From Wikipedia, the free encyclopedia
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| Tort law I |
|---|
| Part of the common law series |
| Intentional torts |
| Assault · Battery |
| False arrest · False imprisonment |
| Intentional infliction of emotional distress |
| Property torts |
| Trespass to chattels |
| Trespass to land · Conversion |
| Detinue · Replevin · Trover |
| Dignitary and economic torts |
| Slander and libel · Invasion of privacy |
| Fraud · Tortious interference |
| Alienation of affections |
| Breach of confidence · Abuse of process |
| Malicious prosecution · Conspiracy |
| Defenses to intentional torts |
| Consent · Necessity |
| Self defense and defense of others |
| Fair comment (as to slander/libel) |
| Other areas of the common law |
| Contract law · Property law |
| Wills and trusts |
| Criminal law · Evidence |
In law, conversion is an intentional tort to personal property (same as chattel), where defendant's unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. Plaintiff must have actual possession or an immediate right to possession at the time of the wrong. Absolute ownership is not necessary to establish standing to bring action. Interference in conversion means the exercise of dominion over another's chattel. Defendant must not have legal justification for such interference, and need only have intent to perform the act constituting interference. Intent to dispossess plaintiff of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the actor does not relieve actor of liability under conversion.
Both tangible items and intangible property can be the subject of a claim for conversion. When the domain name sex.com was wrongfully transferred to a con man, a claim for conversion was held to be available against the domain name registrar.
Stealing something from someone else is one form of conversion. However, conversion is not limited to theft: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel. Merely using another person's chattel can be grounds for conversion in certain cases.
Remedy for conversion is usually in the form of damages equal to the fair market value of the chattel at the time of conversion. The converter can offer to return possession of the chattel to the complainant, but the complainant is not obligated to accept. If the complainant wants the chattel returned without any additional monetary damages, they can claim a related tort, detinue.
[edit] Conversion and other offenses
Conversion overlaps with the tort of trespass to chattels: the primary difference between the two is that trespass requires only an interference with the plaintiff's possession. The interference must have intentionally damaged "the chattel, deprive the possessor of its use for a substantial period of time, or totally dispossess the chattel from the victim." (Restatement 217, 218)
Additionally, damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel. Many actions can constitute both conversion and trespass. In these cases, a plaintiff must choose which claim to press based on what damages they seek to recover. It is the difference between forcing a rental fee and a total sale upon a defendant.
[edit] Recovery of Chattels
One may use a "reasonable" amount of force in order to recover a chattel only if the wrongdoer is either in the process of taking the chattel or the owner of the chattel is in "hot pursuit" of the chattel. One implication of this standard is that chattels that are lent to a wrongdoer may not be recovered by force in most situations. Deadly force may never be used in the recovery of chattels.
