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Question 0

What are the factors to consider for whether or not a substantial interference with chattel occurred enough for conversion?

Answer 0

• 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

Question 1

How does D’s good faith relate to conversion?

Answer 1

Trying to steal is conversion because of bad faith

Question 2

What types of harm are considered substantial enough for conversion?

Answer 2

If the chattel has been destroyed or materially altered

Question 3

How can you be guilty of conversion if you’re an aider and abettor?

Answer 3

You can be liable for storing someone else’s stolen good

Question 4

How is wrongful acquisition a type of conversion?

Answer 4

Things like:

• theft
• embezzlement
• receiving stolen property

Question 5

Even if buying and receiving stolen property is done in good faith, why is there still a conversion?

Answer 5

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

Question 6

How is wrongful transfer a type of conversion?

Answer 6

Things like selling or misdelivering property become a conversion even if they happen in good faith or because of an innocent mistake

Question 7

What is a serial conversion?

Answer 7

If you buy stolen property, you are a converter, even if you do it in good faith because they don’t have title so they cannot transfer it to you

Question 8

What is an exception to serial conversion?

Answer 8

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

Question 9

What are remedies for conversion?

Answer 9

It must be established that there was actual and substantial damage. Then the P can choose to either:

• have a forced sale of the chattel, or
• recover the diminished value and have the property be returned with damages

Question 10

What is included in the recovery of damages as a remedy for conversion?

Answer 10

• D pays the full value of the 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: P recovers the highest value between the time of conversion and the time of trial
• replevin: return of item and recovery of damages

Question 11

If an item has no market value, what will the courts do for remedy for conversion?

Answer 11

Replacement value or actual value of property

Question 12

If the defendant offers to return the chattel, does that alleviate the conversion?

Answer 12

No, and the plaintiff doesn’t have to accept the return, but he can. This is considered in mitigation of damages

Question 13

What are the key differences between trespass and conversion?

Answer 13

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

Question 14

What is trespass to chattels?

Answer 14

Volitional act done with requisite intent which causes an interference with plaintiff’s chattel

Question 15

What is the key to trespass to chattels?

Answer 15

Meddling or messing with

Question 16

Is mistake a defense to trespass to chattels?

Answer 16

No, even if it is in good faith

Question 17

What is chattel?

Answer 17

Any tangible identifiable object, not including a purely monetary debt

Question 18

What is the volitional act necessary for trespass to chattels?

Answer 18

An 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

Question 19

Are minor intermeddling or trivial interferences considered tortious?

Answer 19

No

Question 20

If your friend doesn’t want anyone to touch his car, but you do it anyway, is that trespass?

Answer 20

Not unless you damage the car

Question 21

What is the intent for trespass to chattels?

Answer 21

Intent to do the acts that cause the interference, not intent to interfere

Question 22

If you are mistaken and think you own the chattel that you seriously interfere with, can that be a defense to trespass to chattels?

Answer 22

No

Question 23

Are you still liable for trespass to chattel even if you don’t realize the legal significance of your act?

Answer 23

Yes, because you don’t have to intend the consequences

Question 24

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?

Answer 24

No, because you don’t have to intend to interfere, you just have to intend to do the act that caused the interference

Question 25

What must be the result of a trespass to chattel?

Answer 25

There must be an injury, either dispossession or actual damage

Question 26

What is a defense to trespass to chattels?

Answer 26

Recapture of chattels

Question 27

What is recapture of chattels?

Answer 27

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

Question 28

What are damages that are available for trespass to chattels?

Answer 28

Nominal or economic

Question 29

When would nominal damages be awarded for a trespass to chattels?

Answer 29

If the plaintiff only suffers trivial harm or offense he can collect a small amount of money, such as one dollar

Question 30

When would economic damages be found in a trespass to chattels situation?

Answer 30

If the value of loss of use/rental value is given during the dispossession, or the cost to remedy an intermeddling occurs

Question 31

What is the extended liability principal?

Answer 31

Ds that commit an intentional tort are liable for all damages caused, not just the ones that are intended or foreseeable