Conversation

Question 1

What are the elements for conversion?

Answer 1

1. Intentional exercise of dominion or control 2. Over a chattel 3. Which seriously interferes with Plaintiff’s right to control over the chattel 4. Justifying forcing defendant to buy the chattel.

Question 2

What are the factors considered to determine if defendant has seriously interfered with Plaintiff’s chattel?

Answer 2

1. Extent and duration of control by defendant 2. Intent of defendant 3. Defendant’s good faith 4. Harm to chattel 5. Inconvenience and expense to Plaintiff

Question 3

What are some ways that conversation may occur?

Answer 3

1. Acquiring possession 2. Moving the chattel 3. Making an unauthorized transfer, delivery or disposal 4. Withholding possession 5. Destroying or materially altering the chattel 6. Merely using the chattel

Question 4

who has the right to maintain an action for conversion?

Answer 4

1. Person in possession 2. Person entitled to immediate possession 3. Person entitled to future possession

Question 5

What types of chattel are subject to conversion?

Answer 5

Tangible and intangible

Question 6

What damages are available for conversion?

Answer 6

Full value plus interest

Question 7

What is the prevailing rule requiring Plaintiff to accept tender of chattel’s return?

Answer 7

Plaintiff may accept the tender of return in mitigation of damages