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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Affirmative Defense of Qualified Refusal A ?qualified refusal,? made in good faith, where the defendant had a reasonable doubt about the plaintiff's right to immediate possession, is a defense to conversion.
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.
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.
To establish a conversion claim, a plaintiff must prove that: it had a possessory interest in the property, the defendants intentionally interfered with the plaintiff's possession, and. the defendants' acts are the legal cause of the plaintiff's loss of property.
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 return of the property in question or damages for the fair market value of the property.
Conversion is an intentional tort, and a party seeking to make out a prima facie case of conversion must prove (1) the appropriation of another's property to one's own use and benefit, (2) by the intentional exercise of dominion over it, (3) in defiance of the true owner's rights.
