Conversion in California is a civil cause of action that applies when a person unlawfully and without permission, took or interfered with someone else's possession of their property . The victim can bring a claim for recovery of the property, or compensation for the value of the lost property.
What is an example of conversion in law?
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your property . Sells your property . Substantially changes your property , like cutting down trees to use the wood in construction.
What is the crime of conversion?
Specifically, under California conversion laws, an act of conversion is explicitly defined as, “ the wrongful exercise of dominion over the property of another .” In California, it is not necessary that the defendant physically takes the property in question away.
What are conversion damages?
Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property . Conversion is depriving an individual's rights to use or possess his or her personal property.
Can you get punitive damages for conversion?
Generally, punitive damages may be allowed when the conversion involves elements of fraud, ill will, malice, recklessness, wantonness, oppression, insult, willful, conscious disregard of the plaintiff's rights, or other aggravating circumstances[xii].
What is the remedy for conversion?
The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property . Punitive damages are also possible, because conversion is an intentional tort. The standard remedy in a detinue action is an order that the property be returned.
What is the legal meaning of conversion?
A conversion occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property . It is a tort which allows the injured party to seek legal relief. This article shall discuss the basic law involving conversion.
What are the examples of conversion?
A conversion is defined as an exchange from one unit of measure to another. An example of conversion is exchanging dollars for euros . An example of conversion is figuring out how many cups are in a liter.
Who can sue for conversion?
A person who wants to sue for conversion must show that they had an immediate right to possession at the time of the act of conversion . Additionally, they must prove that the right of possession derives from a proprietary or possessory interest in the goods.
What is the difference between theft and conversion?
The usual type of theft involves the taking of another's property. Theft by conversion occurs through the lawful taking of property and then converting it into income generated by some form of sale or trade . The crime of theft may be prosecuted in either or both criminal and civil court.
What is bank conversion law?
A conversion is any act of wilful interference , without any lawful justification, in a manner which is inconsistent with the right of another, whereby that other is deprived of the use and possession of the chattel.
Can I sue for sentimental value?
1963)(held that although generally recovery for sentimental value for personal property cannot be had in a suit for loss of property for personal use such as wearing apparel and household goods, such a rule does not deny recovery for sentimental value in a suit for loss of heirlooms or in a suit to recover for loss of ...
What is tort law conversion?
Conversion is an intentional tort and involves one party taking away the other party's property by using it, or by altering the property in a way that is inconsistent with the rights of the owner. The remedy of conversion is damages, which are assessed at the time of the conversion.
What are the 3 types of damages?
There are 3 types of damages are: economic, non-economic, and exemplary .
What qualifies for punitive damages?
California law allows plaintiffs to recover punitive damages when they can show that their injuries were caused by the defendant's malice, oppression or fraud, typically in cases of intentional harm or extreme recklessness. The purpose of punitive damages is to punish the wrongdoer and to deter dangerous conduct .
What are examples of punitive damages?
Individuals can also be ordered to pay punitive damages that injure someone else due to negligent behavior. Examples of this would be drunk driving or distracted driving . In both cases, the defendant would have made a conscious decision to engage in behavior that could easily harm another person.
