Intentional Torts - studieboek - Trespass to Conversion
3 important questions on Intentional Torts - studieboek - Trespass to Conversion
What is required for intent for conversion?
Conversion is an intentional tort, but all that is required is that D intended to take possession of the property. Mistake as to ownership will not be a defence.
How does the transfer to third party work in the case of conversion?
Defendant can also commit conversion by transferring a chattel to one who is not entitled to it.
Example:
Example:
- D; a messenger service, delivers a package to the wrong person, X. X absconds with the goods. D has committed conversion, even though D did not end up with the package himself.
What is the essence of the conversion claim?
The essence of the conversion claim is that the defendant has exercised dominion control over the goods. There is generally no liability for conversion until the plaintiff has demanded return of the chattel and has been refused.
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