Conversion Flashcards
what is conversion
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”
intent of conversion
requires that the D intended to interfere with [but not necessarily harm] the victim’s possessory interest
what is the Bona Fide Purchasers
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]
substantial interference for conversion
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
what can be converted
limit conversion to tangible property; however, it may be extended to intangibles with scientific, literary or artistic value
what are the means of conversion
acquiring possession, damaging or fundamentally altering it, using it, receiving it, disposing of it, misdelivering it, refusing to surrender