Conversion Flashcards

1
Q

what is conversion

A

the D (1) intentionally and so (2) substantially interferes with the victim’s possession or ownership of property that he is required to pay its full value. conversion may be considered a “forced sale”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

intent of conversion

A

requires that the D intended to interfere with [but not necessarily harm] the victim’s possessory interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what is the Bona Fide Purchasers

A

an innocent purchaser cannot obtain title from a thief. goods obtained by induced fraud are not considered converted b/c the title passes with it [some courts may allow a bona purchaser to return the goods to mitigate the damages]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

substantial interference for conversion

A

requires that the intermeddling with the victim’s property be a substantial deprivation or damage: extent and duration of dominion, intent to assert a right inconsistent with that of the owner, the actor’s good faith, extent and duration of interference, harm done to chattel, and inconvenience and expense to the true owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what can be converted

A

limit conversion to tangible property; however, it may be extended to intangibles with scientific, literary or artistic value

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the means of conversion

A

acquiring possession, damaging or fundamentally altering it, using it, receiving it, disposing of it, misdelivering it, refusing to surrender

How well did you know this?
1
Not at all
2
3
4
5
Perfectly