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.
Missouri 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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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 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.
Money cannot be the subject of a cause of action for conversion unless there is a specific, identifiable sum involved. (PCO, Inc. v. Christiansen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP (2007) 150 Cal.
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.
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.
The elements of conversion are as follows; a person, who takes your property, and deprives you of it. As the 4th Circuit Court of the United States said, ?Conversion involves an act of control or dominion over the property that seriously interferes with the owner's rights,? United States v. Stockton, 788 F.
The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.