Flashcards in Page 6 Deck (32):
What are the factors to consider for whether or not a substantial interference with chattel occurred enough for conversion?
- extent/duration of control
- D's intent to assert a right to the property
- defendant's good faith
- Harm done
- expense/inconvenience caused
- aiding and abetting
- substantial dispossession
How does D's good faith relate to conversion?
Trying to steal is conversion because of bad faith
What types of harm are considered substantial enough for conversion?
If the chattel has been destroyed or materially altered
How can you be guilty of conversion if you're in aider and abettor?
Can be liable for storing someone else's stolen good
How is wrongful acquisition a type of conversion?
Things like that, embezzlement, receiving stolen property
Even if buying and receiving stolen property is done in good faith, why is there still a conversion?
Because of the intent to assert ownership and to deal with the chattel in a way that is inconsistent with the rights of the true owner
How is wrongful transfer a type of conversion?
Things like selling or misdelivering property become a conversion even if they happen in good faith or because of an innocent mistake
What is a serial conversion?
If you buy stolen property, you are a converter, even if you do it in good faith because you don't have title so they cannot transfer it to you
Exception to cereal conversions?
If the D Doesn't steal the item, but tricks someone into selling it, then he does have title and can transfer it to you, so you aren't liable for conversion
Remedies for conversion?
D must establish actual damage and it must be substantial and he can choose to either have a forced sale of the chattel, or recover diminished value and have the property be returned with damages
What is included in the recovery of damages as a remedy for conversion?
- D pays full value of chattel at the time plus damages
- D pays market value at time of conversion plus interest to the date of the suit
- if market value fluctuates: recover the highest value between the time of conversion and the time of trial
- replevin: return of item and recovery of damages
I an item has no market value, what will the courts do for remedy for conversion?
Replacement value or actual value of property
If The defendant offers to return the chattel, does that alleviate the conversion?
No, and the plaintiff doesn't have to except the return, but he can. This is considered in mitigation of damages
What are the key differences between trespass and conversion?
Interference doesn't have to be substantial for trespass and it doesn't result in a forced sale of the property, and conversion desires to get back the full value of the property, not the property itself
What is trespass to chattels?
Volitional act done with requisite intent which causes an interference with plaintiff's chattel
What is the key to trespass to chattels?
Meddling or messing with
Is mistake a defense to trespass to chattels?
No, even if it is in good faith
Is a chattel?
Any tangible identifiable object, not including a purely monetary debt
What is the volitional act necessary for trespass to chattels?
And act that intentionally damages the chattel, deprives the possessor of its use for a substantial period of time, or totally dispossess the chattel from the plaintiff
Are minor intermeddling or trivial interferences considered tortious?
If your friend doesn't want anyone to touch his car, but you do it anyway, is that trespass?
Not Unless you damage the car
What is The intent for trespass to chattels?
Intent to do the acts that causes the interference, not intent to interfere
If you are mistaken and think you own the chattel that you seriously interfere with, can that be a defense to trespass to chattels?
Are You still liable for trespass to chattel even if you don't realize the legal significance of your act?
Yes, Because you don't have to intend the consequences
If an MBE pick says the defendant isn't liable because he didn't intend to interfere, will that be correct for trespass to chattels?
No, because you don't have to intend to interfere, you just have to intend to do the act that caused the interference
What Must be the result of a trespass to chattel?
There must be an injury, either dispossession or actual damage
What is a defense to trespass to chattels?
Recapture of chattels
What is recapture of chattels?
One is privileged to use reasonable force, in hot pursuit, to defend against chattels taken, if the force is not likely to cause death or serious bodily injury
What are damages that are available for trespass to chattels?
When would Nominal damages be awarded for a trespass to chattels?
If the plaintiff only suffers trivial harm or offense he can collect a small amount of money, such as one dollar
When would economic damages be found in a trespass to chattels situation?
If the value of loss of use/rental value is given during the dispossession, or the cost to remedy an intermeddling occurs