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Under what circumstances, the tort of trespass to chattel become tort of conversion? |
When the claimant is deprived of the peaceful possession and use of the properly. When the defendant physically invades the real property (immoveable) without the consent of the claimant. When the defendant intentionally uses or intermeddles with the moveable property of the claimant in a way that it becomes impossible for the claimant to use the property. When the defendant is forced to buy the product for the purchase price based on the original value. |
When the defendant intentionally uses or intermeddles with the moveable property of the claimant in a way that it becomes impossible for the claimant to use the property. |
The tort of conversion is somewhat related with the tort of trespass to chattels. Conversion occurs when the defendant intentionally uses or intermeddles with the chattel of the claimant in such a serious way that it becomes fair to ask for compensation or money payment for the total prior value of the chattel. In other words, the defendant is forced to buy the chattel for a purchase price based on the original value. So the remedy in conversion is forced sale. Conversion is applicable in many situations including where the chattel is taken, transferred to someone else, changed, misused or damaged. |
