[157] In cases where stolen property ends up in the hands of a third party, demand may be necessary to put the third party on notice that the property has been stolen. Once there was severance from the land, these became personal property, and trover could be entertained because of removal from the land. someone's office or home temporarily in order to copy the information E.D. The act must have the essence of a tort. someone can also expose you to criminal liability under state laws. The plaintiff/owner of the horses remained on the ferry and subsequently lost the horses. App. turn over a customer's records. 4th 208 (Cal. While the economics of the case must be considered before commencing legal action, (see Buying Justice) the tort of conversion is one of the most common legal actions brought and involves everything from plaintiffs claiming wrongful taking of jewelry to actions against banks for wrongful repossession of property. [23][24], Otherwise, conversion had its origin in the common law action in trover, as a branch of action on the case.

It is the difference between forcing a rental fee and a total sale upon a defendant. App. A conversion may be committed by unreasonably withholding possession from one who has the right to it. Holding an automobile for a month is a conversion. A similar result has been reached where the servant left the property in the possession of the defendant, who subsequently converted it. Ordinarily, the defendant is not allowed to deduct maintenance and upkeep expenses which would normally accrue taking care of the converted property. Detention or refusal to surrender possession, Measure for converting particular kinds of property, Practice and procedure in the United States. defendant has rights to the property.). [3][4][5][6], In another formulation, it has been stated that one claiming conversion must show a tortious conversion of the chattel, a right to property in it, and a right to immediate possession which is absolute, unconditional, and not dependent upon the performance of some act. It has also applied in cases where chattels were bailed for safekeeping, then misused or misappropriated by the bailee or a third party. New York Life Ins. In some cases the exercise of the dominion may amount to an act of trespass or to a crime, e.g. 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. [110][114][115][116] If the delay is long, or intentional, it is a conversion. St. Louis & S. F. R. Co. v. Georgia, F. & A. R. Co. https://en.wikipedia.org/w/index.php?title=Conversion_(law)&oldid=959464376, Creative Commons Attribution-ShareAlike License, Persons aiding and/or abetting in conversion, An agent, even if he acts in good faith and in accordance with his instructions, if the principal is guilty of conversion, The principal when his agent's act of converting the property is committed within the scope of the agency, The owner of the property if he diminishes its value or sells or destroys it to the damage of a lienholder.

Ct. App.

There are certain cases which require special calculation of damages. v. Nation Enters., civil lawsuit. This is because an action for conversion cannot be maintained unless the plaintiff, at the time of the alleged conversion, was entitled to the immediate possession of the specific property that is the subject of the conversion.

However, if you remove paperwork or photographs from under these circumstances depends on whether the records you receive Plaintiff was estopped from asserting any right to the property as against the defendant. 2003), 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. Its equivalents in criminal law include larceny or theft and criminal conversion. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). 4,5,6). intentionally dispossessing the lawful possessor of the chattel. [117][118][119][120] Goods placed in storage or in bailment destroyed by fire are considered to have been converted. It is a general intent tort, not a specific intent tort. [83] Fraudulent intent is not an element of conversion. Trover resolved the old procedural problem of wager of law which had developed as a form of licensed perjury, which made detinue unattractive to an honest plaintiff suing a dishonest defendant.

This issue could come up when you receive documents from sources. [113] Placing furniture or other goods in storage to prevent damage or theft is also not a conversion, per se, if proper notice of its location is given to the owner. [2] Its equivalents in criminal law include larceny or theft and criminal conversion. Mere questions of ownership within partnerships and some contract law do not arise to the level required for an action in conversion. Action under legal process can be a complete defense and can mitigate damages.[177].

Demand and refusal for a return of the property from the defendant. Diversity of citizenship and amount in controversy (required for entry into federal court). [61][62] Unpublished and published manuscripts, whether copyrighted or not can be the subject of a conversion, as can paintings, pictures, photos, letters, business books, pamphlets, newspapers and the like. Proof of title or right of possession of the property. Mar. The first question in an action for conversion is that of venue and jurisdiction. Matters intending to prove the establishment of the defendant's affirmative defenses. The following are traditional defenses to an action in conversion: The remedy for conversion is usually in the form of damages equal to the fair market value of the chattel at the time of conversion. 3d Dist. Due to popular demand the Berkman Klein Center is keeping the website online, but. Many questions concerning joint ownership in enterprises such as a partnership belong in equity, and do not rise to the level of a conversion. 2d 369 (Fla. Dist. [26] In 1756, Lord Mansfield stated in Cooper v Chitty (1756) 1 Burr 20, 31; 97 ER 166, 172: [W]henever trespass for taking goods will lie, that is, where they are taken wrongfully, trover will lie. A legal action predicated on the tort of conversion may be maintained by persons having the immediate right to possession of the article converted. When the conversion occurs, the injured party should receive full compensation for actual losses.

1991).

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