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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The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
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.
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.
Conversion is a type of defense mechanism that converts cognitive tensions and anxiety into physical symptoms. For instance, anxiety caused by repressed feelings can manifest itself into a cough or even an illness. Many people develop defense mechanisms to distance themselves from unwanted feelings or thoughts.
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 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.
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
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.
