torts · claim
Conversion occurs when a person intentionally interferes with another's right to possess their property, leading to a significant deprivation of that property's use. The interference must be so substantial that it effectively denies the owner the ability to control their property.
The defendant must have intended to exercise control over the property in question.
What to prove: To satisfy this element, it must be shown that the defendant acted with the purpose of exercising control over the property or knew that such control was substantially certain to result from their actions.
The defendant's actions must result in interference with the plaintiff's possessory interest in the property.
What to prove: The plaintiff must demonstrate that the defendant's actions intentionally or negligently interfered with their possession, thereby depriving them of control or use of the property.
The plaintiff must establish they owned or had a legitimate right to possess the property at the time of the interference.
What to prove: Proof of ownership or possessory interest must be provided, demonstrating that the plaintiff had a right to the property that was disrupted by the defendant.
The interference with the property must result in a significant deprivation of the owner's ability to control their property.
What to prove: The plaintiff must establish that the defendant's actions made it impossible or impractical for them to use or control their property.
The plaintiff bears the burden of proof, which must be established by a preponderance of the evidence.
Conversion often appears in exams when discussing fact patterns involving personal property disputes, especially in terms of intent and ownership disputes.