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Conversion Legal Concept - EXPLAINED

Posted: Fri Aug 29, 2025 10:09 am
by White Wolf
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In legal terms, conversion is a civil wrong (a tort) where a person interferes with another's personal property by wrongfully taking it, using it, or exercising control over it in a way that is inconsistent with the owner's rights. This act, which deprives the true owner of their property without lawful justification, is a form of strict liability, meaning the interfering party is liable regardless of their intent to steal or their knowledge of the true ownership.

Key Elements of Conversion
Interference with Personal Property:
The act must involve another person's "chattel" (movable personal property), not real property (land).
Deprivation of Owner's Rights:
The interference must result in the owner being deprived of their right to use, possess, or control the property.

Wrongful Act:
The actions taken by the individual must be without the owner's consent and without legal justification.
Intent:
While the action is often described as intentional, the "intent" refers to the purpose of taking or exercising dominion over the property, not necessarily a malicious intent to steal.

Strict Liability:
A person can be held liable for conversion even if they were unaware of the true owner's claim or acted by mistake.

Examples of Conversion
Taking someone else's car without permission and using it.
Selling another person's property that was mistakenly entrusted to your care.
A collecting bank crediting the account of someone who is not authorized to handle a cheque.
Keeping lost property and refusing to return it to the rightful owner after being notified of the ownership.

Remedies for Conversion
The true owner can sue to recover the property itself.
Damages can be sought to cover the fair market value of the property at the time of the conversion.
Compensation for the loss of use of the property and other related expenses may also be awarded.