Legal Dictionary

conversion

Legal Definition of conversion

Noun

  1. The action of conversion is a common law legal proceeding for damages by an owner of property against a defendant who came across the property and who, rather than return the property, converted that property to his own use or retained possession of the property or otherwise interfered with the property. The innocence of the defendant who took the property is not an issue. It is the conversion that gives rise to the cause of action. This common law action replaced the old action of trover by English law dated 1852.

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Definition of conversion

Pronunciation

Etymology

    Middle English < Anglo-Norman conversion < Latin conversio, from convertere.

Noun

conversion (plural conversions)

  1. The act of having converted something or someone.

    His conversion to Christianity
    The conversion of the database from ASCII to Unicode


  2. (chemistry) A chemical reaction wherein a substrate is transformed into a product.
  3. (rugby) A free-kick, after scoring a try, worth two points.
  4. (American football) extra point scored by kicking a field goal after scoring a touchdown.
  5. (marketing) An online advertising performance metric representing a visitor performing whatever the intended result of an ad is defined to be.
  6. (law) Under the common law, the tort of the taking of someone's personal property with intent to permanently deprive them of it, or damaging property to the extent that the owner is deprived of the utility of that property, thus making the tortfeasor liable for the entire value of the property.

Antonyms

  • deconversion

See also

Further reading

Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability. Its criminal counterpart is theft. Examples are seen in cases where trees are cut down and the lumber hauled from the land by someone not having clear ownership; or removing furniture belonging to another from a cohabited dwelling, placing it in storage and not telling the owner of the whereabouts. In medieval times, a conversion would occur when bolts of cloth were bailed for safe keeping, and the bailee or a third party took them and made clothes for their own use or for sale. (See infra.) Many questions concerning joint ownership in enterprises such as a partnership belong in equity, and do not rise to the level of a conversion. Traditionally, a conversion occurs when some chattel is lost, then found by another who appropriates it to his own use without legal authority to do so. It has also applied in cases where chattels were bailed for safe keeping, then misused or misappropriated by the bailee or a third party.

Conversion, as a purely civil wrong, is distinguishable from both theft and unjust enrichment. Theft is obviously an act inconsistent with another's rights, and theft will also be conversion. But not all conversions are thefts because conversion requires no element of dishonesty. Conversion is also different from unjust enrichment. If one claims an unjust enrichment, the person who has another's property may always raise a change of position defence, to say they have unwittingly used up the assets they were transferred. For conversion, there always must be an element of voluntarily dealing with another's property, inconsistently with their rights.

Elements of conversion

The elements of a conversion cause of action are:

  • the plaintiff has clear legal ownership or right to possession of the property at the time of the conversion;
  • the defendant's conversion by a wrongful act or disposition of plaintiff's property rights;
  • there are damages resulting from the conversion.

In another formulation, it has been stated that one claiming conversion must show a tortious conversion of the chattel, a right to property in it, and a right to immediate possession which is absolute, unconditional, and not dependent upon the performance of some act.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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