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If you’re a law student or lawyer, you’ve probably heard the term “conversion” thrown around. But what is conversion in law?
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What is conversion in law?
Conversion in law is the unauthorized taking of another person’s property without their permission. It can be done through physical force or through threat of force. Conversion is considered a type of theft and is punishable by law.
The definition of conversion
Conversion is a civil wrong under the common law of England and Wales, for which damages may be awarded. It is distinct from theft, although in some circumstances the two crimes may overlap.conversion recognises a wide variety of unauthorised interferences with goods, including unauthorized taking, keeping, using or damaging of chattels.
The elements of conversion
In order to discuss conversion, it is important first to establish what property is. According to Indiana Code 35-41-1-2, “property” means:
any thing of value, including but not limited to:
(1) Tangible personal property, such as chattels, goods, choses in possession, and choses in action; and
(2) Intangible personal property that arises out of a relation between a person and another person or thing and has some economic value.
The Indiana Supreme Court has recognized that intangible personal property may be the subject of a conversion claim. See Safeco Ins. Co. v. Bennett Thrasher Schober & Condon, P.C., 748 N.E.2d 1271 (Ind. 2001). Thus, it appears that any type of personal property may be the basis for a conversion claim in Indiana.
The tort of conversion
Conversion is a type of tort, or civil wrong. It occurs when someone intentionally interferes with another person’s lawful possession of property. The interference must be significant, and it must result in some type of damage to the property. For example, if someone stole your car and then sold it, you could sue that person for conversion.
Conversion is considered a type of intentional tort, meaning that the person who committed the act intended to interfere with your property rights. Unlike some other intentional torts, such as assault or battery, conversion does not require any physical contact between the perpetrator and the victim. It is enough that the perpetrator intentionally took possession of the property or otherwise interfered with your lawful use of it.
There are a few different ways that conversion can occur. The most common is when someone takes possession of property that does not belong to them. This can happen through theft, but it can also happen if someone finds lost property and then refuses to return it to its rightful owner. Another way conversion can occur is when someone intentionally damages or destroys property. This might happen if someone vandalizes your car or breaks into your home and destroys your furniture.
The remedy for conversion is usually damages. This means that if you can prove that someone committed conversion against you, you may be able to recover some money from them to compensate you for your losses. In some cases, you may also be able to recover the value of the property itself if it cannot be returned to you in its original condition.
The crime of conversion
Conversion is a common law tort. It is the unauthorized interference with the possession of personal property – making the property one’s own. The classic example of conversion is theft, but it also covers situations where property is destroyed or damaged. In some cases, mistake or confusion as to ownership can also lead to liability for conversion.
The civil law of conversion
The civil law of conversion is the body of law that deals with the unauthorized taking or use of another’s property. The laws governing conversion vary from state to state, but they all share the common goal of protecting the rightful owner of the property and providing a remedy for the taking.
Conversion occurs when someone takes or uses another person’s property without permission and without the intention of returning it. For example, if you borrow your neighbor’s lawnmower and never give it back, you have committed conversion. Similarly, if you sell your car to someone without getting rid of the lien on it, you have also committed conversion.
The remedies for conversion vary depending on the state in which the act occurred, but they typically involve either restitution (returning the property to its rightful owner) or damages (compensating the owner for their loss). In some cases, both remedies may be available.
The criminal law of conversion
Conversion is a civil wrong (tort) and a crime that occurs when a person unlawfully takes and exercises control over the personal property of another with the intent to deprive the rightful owner of its use and enjoyment. For example, if someone stole your car and took it for a joyride, that person would be guilty of conversion.
The criminal law of conversion is codified in state statutes. The elements of the offense vary from state to state, but generally include:
-the taking or exercising of control over another’s personal property
-the intent to deprive the rightful owner of its use and enjoyment
-the lack of consent from the rightful owner
-the use or misuse of the property in a way that deprives the owner of its value or enjoyment
The remedies for conversion
Conversion is a civil wrong (tort) in common law jurisdictions, often called trespass to chattels and sometimes misappropriation. It is the unlawful interference with the right of possession of personal property. Torts involving Conversion typically involve a physical taking of the property, but interference with the plaintiff’s right to use or enjoy the property may also be classified as conversion. Generally, to succeed in an action for conversion, it is necessary to show that the interference with the personal property was both unauthorized and without lawful justification.
The defenses to conversion
There are a few defenses to conversion. The first is that the plaintiff did not own the property, or that the defendant had a superior right to the property. The second is that the defendant took the property for a lawful purpose, such as in self-defense or under color of law. The third defense is that the plaintiff consented to the taking of the property. Finally, some states recognize a “fair use” defense, whereby the defendant can show that his use of the property was reasonable and not excessive given its value.
The impact of conversion on business
When a business is sold, the new owner will want to be sure that the value of the business is not adversely affected by any legal action that might have been taken by the previous owner. One way to do this is to check for any conversion that has occurred.
Conversion occurs when property is taken without the owner’s consent and used for the taker’s own benefit. The taker does not need to intend to permanently deprive the owner of the property; temporary deprivation is enough. For example, if someone borrows a piece of equipment from a business and never returns it, that person has committed conversion.
If a court finds that conversion has occurred, it may order the person who committed conversion to pay damages to the business. The amount of damages will be equal to the value of the property at the time it was taken, plus any lost profits that resulted from the taking. In some cases, punitive damages may also be awarded.
Conversion is a serious matter because it can cause financial harm to a business. If you are thinking about buying a business, be sure to check for any conversion that may have occurred.
