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Topic: Conversion tort

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Detinue

Tort

Theft

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	NationMaster - Encyclopedia: Conversion (tort)
		However, conversion is not limited to theft: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel.
		Remedy for conversion is usually in the form of damages equal to the value of the chattel.
		Conversion overlaps with the tort of trespass to chattels: the primary difference between the two is that trespass requires an inteference with the plaintiff's actual possession.
	www.nationmaster.com /encyclopedia/Conversion-%28tort%29 (497 words)

	NationMaster - Encyclopedia: Detinue
		In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread...
		Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the...
		A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter.
	www.nationmaster.com /encyclopedia/Detinue (1825 words)

	Los Angeles Lawyer - Tort
		Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
		The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
		The tort of negligence is the broadest of the torts and is the basis of most personal injury cases.
	www.danataschner.com /tort_law.html (1234 words)

	Science Fair Projects - Conversion (tort) (Site not responding. Last check: 2007-11-07)
		In law, conversion is a tort where a party significantly interferes with an owner's immediate right to possession to a chattel by denying possession, damaging it, or destroying it.
		The definition of conversion overlaps with that of trespass to chattels: the primary difference between the two is that damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel.
		Conversion should be distinguished from the taking of title or ownership.
	www.all-science-fair-projects.com /science_fair_projects_encyclopedia/Conversion_(tort) (440 words)

	Tort - Search View - MSN Encarta (Site not responding. Last check: 2007-11-07)
		A tort differs from a crime in that a tort is an offence against an individual, whereas a crime is an offence against the state, for which the state inflicts punishment.
		A tort differs from a breach of contract in that the legal duty breached by the tort is one imposed by the state, whereas in a breach of contract, the obligation breached is one which the contracting parties have voluntarily assumed.
		An act may be simultaneously a breach of contract, a tort, and a crime; for example, the misappropriation of funds by a trustee is a breach of the contract of trust, the tort of conversion, and the crime of embezzlement.
	uk.encarta.msn.com /text_761572717__1/Tort.html (309 words)

	Conversion (law) - Wikipedia, the free encyclopedia
		In law, conversion is a tort that deals with the wrongful interference with goods.
		Remedy for conversion is usually in the form of damages equal to the value of the chattel.
		Conversion overlaps with the tort of trespass to chattels: the primary difference between the two is that trespass requires only an interference with the plaintiff's possession.
	en.wikipedia.org /wiki/Conversion_(tort) (448 words)

	No. 00SC960. Vanderbeek v. Vernon Corp. - June 17, 2002 - Colorado Supreme Court Opinions
		Tort law is designed to protect all citizens from the risk of harm to their persons or their property.
		As in any other tort action, the appropriate measure of the damage a victim of an economic tort may recover is that amount which is the natural and probable result of the injury sustained by virtue of the tortious act.
		Thus, such a tort claimant was often required to prove both that the plaintiff’s use of the writ of attachment was "malicious" and that the plaintiff lacked "probable cause" to believe that he was entitled to such an attachment.
	www.cobar.org /opinions/opinion.cfm?OpinionID=674 (7051 words)

	LA36030 - TORT
		Tort is a perfect vehicle for the acquisition of analytical skills which are an essential part of training for all lawyers.
		The Law of Tort is a compulsory subject for LLB students and is a core subject for the purposes of exemption from Part I of the Law Society examinations.
		As tort is very much a case law subject the lecturers will not provide a definitive statement of the rules of law but rather the students will be guided into making their own assessment of the meaning of the cases.
	www.aber.ac.uk /modules/2008/LA36030.html (670 words)

	Law.com - N.Y. State Senators Continue Push for Tort Reform
		Doctors, who already took part in a massive phone bank effort to contact lawmakers, on Tuesday were presented with a "tort reform tool kit" that describes an aggressive action plan and provides medical practitioners with sample letters that can be sent to newspaper editors, proposed op-ed pieces and even a fill-in-the-blank letter from patients.
		At a news conference, doctors argued that the current tort system is bad public policy and bad health policy, and that its impact will be felt harshly in the future.
		Opponents of tort reform, and in particular the medical malpractice components, note that insurance premiums have remained stable for several years, and they contend that any crisis resides in poor care, not overly aggressive trial lawyers.
	www.law.com /jsp/article.jsp?id=1046833548812 (1018 words)

	Personal injury lawyers - medical malpractice attorneys wrongful death wrecks accidents - PI NC
		Tort law is a complex umbrella of interrelating laws designed to prevent harm or compensate for harm to a person or property.
		Torts occur when a tortfeasor (the person committing the tort) intends a particular harm to result from his or her misconduct.
		Tort law is state law created through individual state courts and generally uses the Restatement of Torts (2nd) as an influential guide.
	www.p-i-lawyers.com (2350 words)

	Liability insurance coverage for the tort of conversion. - Defense Counsel Journal - HighBeam Research
		Reed, Scott O. Liability insurers do not generally cover the tort of conversion, neither is that tort deemed a personal injury under the usual definition of the term.
		The language of the policy determines whether conversion is covered in other kinds of policies such as professional liability or director and officer insurance.
		THE TORT of conversion, or the wrongful withholding of property, has received little attention from the standpoint of...
	www.highbeam.com /doc/1G1-16556333.html (164 words)

	Law.com - 9th Circuit Gives Sex.com to California Supremes
		Reluctant to extend tort law into the high-tech arena, the 9th U.S. Circuit Court of Appeals on Friday asked the California Supreme Court to decide the last remaining questions in the battle over the lucrative sex.com domain name.
		Over a dissent that accused the court of passing off its "overflow laundry," the majority on a three-judge panel that heard oral arguments several months ago decided to ask California's high court whether intangible property is subject to the tort of conversion.
		But the law is less clear for intangible property because, seemingly, it lacks one critical element of the tort of conversion -- possession.
	www.law.com /jsp/article.jsp?id=1039054542552 (731 words)

	Legal Definition of Conversion
		The refusal by a servant to deliver the goods entrusted to him by his master is not evidence of a conversion by his master.
		The tortious taking of property is, of itself, a conversion and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner or the nature of the bailment if it be bailed, is evidence of a conversion.
		On the other hand, money is converted into land in a variety of ways as for example, when a man agrees to buy land and dies before he has received the conveyance, the money he was to pay for it will be considered as converted into lands, and descend to the heir.
	www.lectlaw.com /def/c309.htm (204 words)

	Equity and Remedies Course Outline
		Facts: Damson stole an oil painting from Zamora Wrong: Conversion - tort Remedy: Restitution Here the remedial goal is to make the P whole, so here he can recover $5,000 under damages as this is the value (FMV) of the painting.
		Facts: Llama Breeder Wrong: Tort of Conversion Remedy: Damages and grab bag of restitution of DJ, Caps, Multipliers, and Contempt Story: $150,000.00 is the cost of the replacement Llama or the substitution costs, which are GD's.
		Direct Benefit Rule - when the P benefits directly rather than collaterally from the D's breach of duty in tort or K, then subject to exceptions, the P's recovery is reduced by the amount of the benefits received.
	www.lectlaw.com /files/lws65.htm (5410 words)

	Legal Fusion Group Conversion (tort)
		, conversion is a tort that deals with the wrongful interference with goods.
		: conversion can also be accomplished by moving, transferring, discarding, hiding, vandalizing, or destroying another person's chattel.
		for conversion is usually in the form of damages equal to the value of the chattel.
	www.legalfusiongroup.com /articles/c/o/n/conversion_(tort)/conversion_(tort).html (266 words)

	Tort Law Essays and Dissertations
		The torts committed here are those of negligence, trespass to the person, namely assault and battery, trespass to goods and conversion.
		"Conversion is defined as wilfully dealing with the claimant's property in a way that amounts to a denial of the claimant's rights over it, whereby the claimant is deprived of the use and possession of the property.
		The owner of the car may be liable under the tort of negligence to the owner of the stationary van.
	www.law-essays-uk.com /essaysamples/tortlawessay/dutyofcare.htm (2775 words)

	OUTLAWS LEGAL SERVICE
		Tort includes both deliberate wrongs (intentional torts) and inadvertent or accidental wrongs (negligent torts), as well as wrongs for which the offender is held liable regardless of motivation or ability to prevent the injury (strict liability).
		The tort of malicious prosecution of a criminal or civil action involves proof of three elements: the prosecution complained of was without probable cause, the proceedings ended favorably for the person bringing the malicious prosecution suit, and the initiator of the proceedings acted with malice (for an improper purpose).
		Conversion is an intentional exercise of dominion or control over a chattel that so seriously interferes with the rights of the true owner that the one interfering is liable for its full value.
	www.outlawslegal.com /refer/torts.htm (10205 words)

	[No title]
		I. Conversion For their first point for reversal, Appellants argue that the trial court erred in finding that a conversion had occurred, as they contend that they had a valid carrier's lien on the two trucks that was superior to MBCC's perfected security interest.
		Conversion is a common-law tort action for the wrongful possession or disposition of another's property.
		To establish liability for the tort of conversion, a plaintiff must prove that the defendant wrongfully committed a distinct act of dominion over the property of another, which is a denial of or is inconsistent with the owners' rights.
	courts.state.ar.us /opinions/1998a/980129/97-209.txt (2913 words)

	7 FSM Intrm. 651-654 (Site not responding. Last check: 2007-11-07)
		The elements of an action for conversion are the plaintiffs' ownership and right to possession of the personalty, the defendant's wrongful or unauthorized act of dominion over the plaintiff's property inconsistent with or hostile to the owner's right, and resulting damages.
		The bank contends that, as a part of damages for conversion, it is also entitled to the nine percent statutory interest from the date it mistakenly deposited the funds in Air Nauru's Chuuk account.
		Assuming that punitive damages could be awarded in a proper case of conversion, mere failure to respond to an inquiry, or to answer a complaint is not a circumstance entitling a plaintiff to punitive damages.
	www.fsmlaw.org /fsm/decisions/vol7/7fsm651_654.htm (1033 words)

	AMI ______ [separate chapter, Chap
		The conversion does not have to be for the defendant’s use.
		The market value of the property is not, however, the only measure of the damages recoverable in an action for conversion; the circumstances of the case may require a different standard, including a measure of the expenses incurred as a result of the conversion.
		When the plaintiff brings a conversion action after return of the property, his damages may include deterioration in value between the time of the conversion and the time of return, plus special damages, such as loss of use and expenses of recovery.
	courts.state.ar.us /ami/2003/conversion.htm (1062 words)

	[No title]
		The tort fits under the broad canopy of the principle of the prima facie tort, which states that it is a tort to knowingly inflict economic harm upon another unless the action is privileged or justified.
		The majority position, which is rejected by the Restatement Second of Torts, is that a landowner has a right to be to be free of serious impairments of his use of his property without regard to the social utility of the activity causing the impairment.
		One reason to cover the chattel torts in an economic torts project is that the most difficult questions raised by the torts today involve intangible intrusions and intangible assets, which overlaps with the field of economic torts.
	www.utexas.edu /law/news/colloquium/papers/Gergen04Paper.doc (3214 words)

	John Moore v (Site not responding. Last check: 2007-11-07)
		Invoking a tort theory originally used to determine whether the loser or the finder of a horse had the better title, Moore claims ownership of the results of socially important medical research, including the genetic code for chemicals that regulate the functions of every human being's immune system.
		Since conversion is a strict liability tort, it would impose liability on all those into whose hands the cells come, whether or not the particular defendant participated in, or knew of, the inadequate disclosures that violated the patient's right to make an informed decision.
		[42] In analyzing the conversion issue, the majority properly begins with the established requirements of a common law conversion action, explaining that a plaintiff is required to demonstrate an actual interference with his "ownership or right of possession" in the property in question.
	www2.carthage.edu /~brent/305moore.htm (5934 words)

	Highbeam Encyclopedia - Search Results for Conversion
		The efficiency of conversion from chemical to electrical energy in a fuel cell is between 65% and 80%,
		Conversion methodology and the case of Cardinal Newman.
		Getting a winning deal: the current pace of condo conversions may not be sustainable.
	www.encyclopedia.com /SearchResults.aspx?Q=Conversion (690 words)

	Ninth Circuit Certification to California Supreme Court
		Thus, under the traditional precepts governing the tort of conversion, a domain name is not protected intangible property." In the district court's view, extending the tort of conversion to include Internet domain names involves a complex policy question that is more appropriately the subject of legislation.
		Following is a discussion of the background regarding the tort of conversion, as well as a summary of the parties' arguments and the relevant case law with respect to the application of conversion to Internet domain names.
		The majority's first question is whether, "[f]or the tort of conversion to apply to intangible property, [it is] necessary that the intangible property be merged with a document or other tangible medium" Order at 36.
	www.mediaesq.com /new11750.php (8944 words)

	[No title]
		Holds the employer strictly liable for the negligence torts of the employee even though the employer was not negligent in hiring or supervising the employee.
		Epstein’s critique of custom: divides between torts between strangers and those with consensual relations — and those with consensual relations, custom should be conclusive of no negligence, he trusts the markets will drive the custom standard to an efficient one between the buyer and the seller.
		The cause for action for physical damages is in tort for the both the buyer and bystander is in tort.
	www.law.harvard.edu /students/orgs/salsa/outlines/Kennedy1.doc (11269 words)

	The K-Zone: Conversion
		Conversion overlaps with Theft, of course, but conversion can be undertaken without the element of dishonesty that characterises theft.
		Conversion often arises in the context of (innocently) receiving goods that have been obtained dishonestly.
		To simplify the law, the tort of conversion is now defined by statute (TortsInterferenceWithGoodsAct1977) to include what used to be called detinue.
	www.kevinboone.com /lawglos_Conversion.html (242 words)

	Bremen v. Cohen
		The elements of conversion are as follows: (1) the plaintiff has ownership or right to possession of the property at the time of the conversion: (2) the defendant's conversion is by a wrongful act or disposition of property rights; and (3) damages.
		Historically, the tort of conversion was confined to tangible property.
		Thus, under the traditional precepts governing the tort of conversion, a domain name is not protected intangible property.
	pub.bna.com /eclr/c9820718.htm (3041 words)

	[No title]
		Possessor of a property, whether by finding, bailment or by mere tort, has a right of retain the possession as against a mere wrongdoer who is a stranger to the property.
		To recover through a Tort of Conversion, the P must establish both title and possession or the right to possession.
		CONVERSE RULE: Where the land subsides from removal of lateral support because of the additional weight of a building, the adjacent landowner is only liable in cases of negligence.
	www.uidaho.edu /student_orgs/phideltaphi/Property_I--F96-1.doc (4739 words)

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