Conversion

Question 1

When does conversion arise?

Answer 1

• Δ intentionally causes the destruction of or serious & substantial interference with P’s chattel
• Δ intentionally exercises dominion & control over P’s chattel constituting a serious & substantial interference

Question 2

What are the elements of conversion?

Answer 2

1. Intent
2. Dominion & control
3. Substantial interference

Question 3

How is the intent element of conversion satisfied?**********

Answer 3

so long as the Δ intent was to exercise dominion & control over the chattel even if the Δ was mistaken of the ownership he will be liable

Question 4

What is the effect of a bona fide purchaser for value to the tort of conversion?

Answer 4

the P can bring suit against the original converter & the bona fide purchaser for value

i.e. - Δ steals from P. Δ sells vase to 3rd pty C. Δ is a converter & now no where to be found, 3rd pty C is also a converter b/c he although he paid for the item and was mistaken in believing the Δ had title, C intended to e3xercise dominion & control over P’s chattel causing serious & substantial interference

Question 5

Remedies & Damages for conversion

Answer 5

• Forced Sale
  
  • typical remedy in which the converter is required to pay the FMV of the chattel @ the time it was converted
• Replevin
  
  • restitutionary action brough by P to get back his person property

Question 6

What is the differenc between trespass to land & conversion?

Answer 6

the longer the period of interference and the greater the use of the chattel by defendant, the more likely it will be considered a conversion rather than a trespass to chattel.