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.
Fulton Georgia Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion
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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.
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.
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.
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.
The main difference between trespass to chattels and conversion is the degree of interference. Conversion occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent.
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 tort of conversion is the act of dealing with goods in a way that seriously interferes with the owner or true possessor's right to use or control the goods.
Conversion is an intentional tort. The intent that must be proven is the intent to exercise dominion and control over the plaintiff's property in a manner inconsistent with the plaintiff's rights. However, intent or purpose to do a wrong is not necessary to establish conversion, merely intent to seize the property.
Basic Conversion Rule The basic rule is: If you need to convert from a larger unit to a smaller unit, multiply. If you need to convert from a smaller unit to a larger unit, divide.
Conversion, in law, unauthorized possession of personal property causing curtailment of the owner's possession or alteration of the property. The essence of conversion is not benefit to the wrongful taker but detriment to the rightful owner. Related Topics: tort.
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