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Encyclopedia > Conversion (tort)

In law, conversion is a tort that deals with the wrongful interference with goods. Conversion involves dealing with a chattel in a manner repugnant to a person's immediate right of possession. The gist of the action is a denial of the plaintiff's dominion over the goods. Law (a loanword from Danish- Norwegian lov), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Personal property is a type of property. ...


The plaintiff must been in actual possession or have an immediate right to possession at the time of the wrong. Absolute ownership is not required.


Stealing something from someone else is one form of conversion. However, conversion is not limited to theft: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel. Merely using another person's chattel can be grounds for conversion in certain cases. Theft (also known as stealing) is, in general, the wrongful taking of someone elses property without that persons willful consent. ...


Remedy for conversion is usually in the form of damages equal to the value of the chattel. The convertor can return possession of the chattel to the complainant, but this is usually not required and can only be accepted in lieu of damages if the complainant agrees. If the complainant wants the chattel returned without any additional monetary damages, they can claim a related tort, detinue. A remedy is the solution or amelioration of a problem or difficulty. ... Damages, in law has two different meanings. ... In law, detinue is a common law remedy to obtain the return of chattels (personal property or portable property) that have been wrongly converted to the use of another person, or are being unlawfully withheld from a person with good title to the chattel. ...


Conversion and other offenses

Conversion overlaps with the tort of trespass to chattels: the primary difference between the two is that trespass requires an inteference with the plaintiff's actual possession. Trespass to chattels is a tort whereby the infringing party has intentionally interfered with another persons lawful possession of a chattel. ...


Additionally, damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel. Many actions can constitute both conversion and trespass. In these cases, a plaintiff must choose which claim to press based on what damages they seek to recover.


  Results from FactBites:
 
NationMaster - Encyclopedia: Conversion (tort) (497 words)
However, conversion is not limited to theft: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel.
Remedy for conversion is usually in the form of damages equal to the value of the chattel.
Conversion overlaps with the tort of trespass to chattels: the primary difference between the two is that trespass requires an inteference with the plaintiff's actual possession.
NationMaster - Encyclopedia: Detinue (1825 words)
In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread...
Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the...
A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter.
  More results at FactBites »

 
 

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