Themis Essay 5002 Flashcards
Conversion
Conversion is the
wrongful assumption or the exercise of the right of ownership over goods or other tangible personal property belonging to another in denial of or inconsistent with the owner’s rights.
An action for conversion can be maintained only by
the person having a property interest in and entitled to the immediate possession of the item alleged to have been wrongfully converted.
Damages for conversion are based on
the value of the property converted at the time and place of conversion.
An action for conversion, which typically applies to personal property, may extend to intangible property rights that
arise from or are merged with a document such as a stock certificate, promissory note, or bond.
As with most other civil causes of action, a plaintiff establishes conversion by
a preponderance of the evidence.
Generally in cases of conversion, the plaintiff must
demand that the defendant return the property when the defendant’s initial acquisition of the property was not wrongful.
Virginia recognizes that an action for conversion may extend
to intangible personal property rights that arise from or are merged with a document.