Trespass to Chattels vs. Conversion

Question 1

Trespass to chattels

Answer 1

damage, good faith, and short time period

Question 2

Conversion

Answer 2

good faith, long time period, significant damage, bad faith (if overwhelmingly bad that could possibly trump everything else)

Question 3

Similarities between conversion and trespass to chattels

Answer 3

> intentional torts
Involve someone exercising control over your personal property
some injury/damage/harm/loss results

Question 4

Differences

Answer 4

> seriousness of the interference
severity of the harm to the chattel

Question 5

Ex. a classmate mistakenly picks up your torts book after class. She walks out of the room, realizes her mistake, and returns it to you immediately.

Answer 5

no tort

Question 6

Ex. A classmate mistakenly picks up your Torts book after class. She takes it home, where she accidentally spills coffee on it. She then realizes it’s yours and returns it the next day

Answer 6

trespass to chattels

Question 7

A classmate mistakenly picks up your Torts book after class. She takes it home and keeps it for a month, never realizing it’s yours. Four weeks later, she realizes her mistake and returns it to you.

Answer 7

conversion

Question 8

Factors to evaluate seriousness of interference

Answer 8

> extent and duration of the actor’s control
actor’s intent to assert a right inconsistent with the other’s right of control,
actor’s good faith
extent and duration the resulting interference
harm done to the chattel
Inconvenience and expense cause to the other

Question 9

Damages for Trespass to Chattels

Answer 9

> plaintiff gets return of the chattel+damage to the chattel

Question 10

Damages for conversion

Answer 10

> return of the chattel + damage to the chattel
OR
FMV of chattel (defendant gets to keep the chattel)

Question 11

Can courts give sentimental value?

Answer 11

No

Question 12

Can the plaintiff decide what a good remedy is?

Answer 12

yes

Question 13

Can you get punitive damages?

Answer 13

yes