8) Conversion

Question 1

conversion: def

Answer 1

D exercises dominion + control over P’s property in a way that constitutes a serious + substantial interference w that property

Question 2

conversion: elements

Answer 2

1) intent
2) dominion + control
3) serious + substantial interference w P’s personal property

Question 3

intent: def

Answer 3

ov, the intent is to exercise dominion or control –> NOT nec to convert

Question 4

intent: mistake

Answer 4

mistake is not a defense to conversion, D is liable even if acted in good faith

Question 5

scenario: bona fide purchaser for value

Answer 5

can still be liable!!!

ex. bought a stolen vase, didn’t know it was stolen – I am still liable to vase’s owner

Question 6

remedies

Answer 6

1) most common: damages

2) replevin

Question 7

remedies: damages: amt

Answer 7

usu requires forced sale

converter must pay FMV of the chattel at the time of conversion

Question 8

TTC v. Conversion: defs

Answer 8

TTC: dispossessing or interfering w someone else’s stuff

C: exercising dominion or control over the stuff, seriously interfering w the rights of the owner

Question 9

TTC vs. Conversion: liability

Answer 9

TTC: damages or diminished value of the property

C: full value of the property at the time of conversion