Conversion is an intentional interference with the property of another person with the intention to deprive the owner of the property. This includes situations when someone uses the property of another and damages or destroys it.
During an act of conversion, taking the property may be lawful, while keeping the property and/or returning the property in a damaged state would be considered unlawful.
According to CACI 2100 the plaintiff must be able to prove the following elements to establish the claim.
The plaintiff generally must establish an actual interference with his ownership or right to possess property to prove the conversion. In addition to actual interference the plaintiff must also show that the interference was substantial, which can be proved by showing an intention or purpose to keep the owner from taking possession of the property or to convert the goods and to exercise ownership over them.
The difference between a cause of action for conversion and for trespass against personal property turns on the degree of the defendant’s interference with the plaintiff’s rights in the property.
In the case of conversion, it is essential to prove that the defendant actually and substantially has exercised control over the plaintiff’s personal property, interfered with the plaintiff’s rights in the property. In contrast, any illegal interference or exercise of control over the personal property of another person can give rise to a cause of action for trespass.
After a property has been converted, the injured party can choose to either sue the defendant for the tort, or waive the tort and sue in “assumpsit” either for money had and received or the value of the property converted.
Conversion does not necessarily simply mean theft of the property, it is more related to actual interference with the victim’s possession or ownership rights rather than just theft.
Examples of conduct which can be included in the claim:
Evidence of the cost of the property, along with other circumstances such as the condition of the property ant the extent of its use can be considered essential in determining the value of the property at the time of the conversion.
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