What is tort of conversion? What are the essentials which the plaintiff has to prove in an action for conversion? Explain the various modes through which act of conversion may be effected.
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Question: What is tort of conversion? What are the essentials which the plaintiff has to prove in an action for conversion? Explain the various modes through which act of conversion may be effected. [BJS 2017]Find the question and answer of Law of Torts only on Legal Bites. [What is tort of conversion? What are the essentials which the plaintiff has to prove in an action for conversion? Explain the various modes through which act of conversion may be effected.]AnswerThe tort of conversion is...
Question: What is tort of conversion? What are the essentials which the plaintiff has to prove in an action for conversion? Explain the various modes through which act of conversion may be effected. [BJS 2017]
Find the question and answer of Law of Torts only on Legal Bites. [What is tort of conversion? What are the essentials which the plaintiff has to prove in an action for conversion? Explain the various modes through which act of conversion may be effected.]
Answer
The tort of conversion is a type of intentional tort that occurs when one person wrongfully exercises control over the personal property of another, to the exclusion of the owner's rights. This can occur when someone takes possession of another person's property or interferes with their right to use or control the property, in a manner that is inconsistent with the owner's rights.
The essentials that a plaintiff must prove in an action for conversion are as follows:
Ownership or right to possession: The plaintiff must be the owner of the property in question, or have a right to possess it. This can be established through proof of title, a contract, or other means.
Interference with the property: The defendant must have wrongfully taken possession of the property, or interfered with the plaintiff's right to use or control the property. This can include taking possession of the property, altering the property, or preventing the plaintiff from accessing the property.
Intent: The defendant must have acted intentionally, with the intention of interfering with the plaintiff's property rights. This can be demonstrated through evidence of the defendant's knowledge of the plaintiff's rights, or through a showing of recklessness or disregard for the plaintiff's rights.
Causation: The defendant's actions must have caused harm to the plaintiff, such as a loss of the property or a reduction in its value.
Damages: The plaintiff must have suffered actual damages as a result of the defendant's actions, which can include the value of the property, the costs of recovery, or other losses.
In order to establish a claim for conversion, the plaintiff must prove each of these elements. This can involve gathering evidence, interviewing witnesses, and presenting expert testimony. The court will then determine whether the defendant is liable for conversion and if so, what damages should be awarded to the plaintiff.
It is important to note that the tort of conversion is a distinct cause of action from other types of torts, such as theft or breach of contract. While the elements of the tort may overlap with other causes of action, the focus of the tort of conversion is on the wrongful interference with the plaintiff's property rights, rather than the taking of the property itself.
The decision in the case of M’Combie v. Davies, (1805) 6 East 538: 8 RR 534, explains how conversion can be committed by refusing to deliver the property taken from an agent. In this case, the property of another person was taken through an assignment from an agent, who had no authority to dispose of the property, and the person who took it refused to deliver it back to the principal even after notice and demand by him. This was held as an act that amounted to conversion.
Further, the decision in the case of Hilbery v. Hatton, (1864) 2 H & C 822, explains the point that whether a principal ratifying purchase of chattel by an agent can be held as conversion. In this case, it was held that the purchase of a chattel done by an agent which the vendor had no right to sell, is ratified by the principal then he is guilty of conversion even though at the time of the ratification he had no idea about the sale being unlawful.
In conclusion, the tort of conversion is a type of intentional tort that occurs when one person wrongfully exercises control over the personal property of another, to the exclusion of the owner's rights. The essentials that a plaintiff must prove in an action for conversion include ownership or right to possession, interference with the property, intent, causation, and damages. Establishing a claim for conversion requires the plaintiff to prove each of these elements and can involve a complex process of gathering evidence and presenting testimony.
Modes through which act of tort of conversion may be effected
The tort of conversion can be committed through several different modes, including:
Taking possession: The most obvious form of conversion occurs when one person takes possession of another person's property without their permission. This can involve physically removing the property from its rightful owner, or retaining possession of the property after a lawful possession has ended.
Interference with use or control: Conversion can also occur when one person interferes with another person's right to use or control their property. This can include preventing the owner from accessing the property, altering the property in a manner that affects its value or use, or using the property in a manner that is inconsistent with the owner's rights.
Destruction or alteration: The tort of conversion can also occur when one person destroys or alters another person's property in a manner that affects its value or use. This can include damaging the property or rendering it useless to the owner.
Sale or transfer: Conversion can also occur when one person sells or transfers another person's property without their permission. This can involve selling the property to a third party, or transferring it to someone else as a gift.
Retention of property: Conversion can also occur when one person retains possession of another person's property after it has been rightfully returned to the owner. This can occur when the possessor refuses to return the property, or when they return it in a damaged or altered condition.
Each of these modes of conversion can give rise to a separate cause of action for damages and can result in the recovery of compensation for the loss or injury suffered by the owner of the property.
It is important to note that the tort of conversion requires a showing of intent, meaning that the defendant must have acted with the intention of interfering with the plaintiff's property rights.