Conversion (law)
Civil wrong for interfering with another's personal property.
Conversion is an intentional tort consisting of taking with the intent of exercising over a chattel an ownership inconsistent with the real owner's right of possession. In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. Conversion, as a purely civil wrong, is distinguishable from both theft and unjust enrichment.
- field
- Law
- type
- Tort
- jurisdiction
- England and Wales
- related_crimes
- Larceny, theft, criminal conversion
- key_element
- Intent to convert property of another to one's own possession and use
Lore & Background
Conversion has its origin in the common law action in trover, as a branch of action on the case.
Reader's Guide
Conversion serves as a key civil remedy for interference with personal property, distinct from theft (which requires dishonesty) and unjust enrichment (which allows a change of position defense). Historically, it replaced the older actions of detinue and largely supplanted trespass to chattels. The tort requires an intent to convert property and actual conversion, but no element of dishonesty. Notable applications include misuse of bailed goods, cutting down trees on another's land, and the use of a patient's body parts after surgery, as addressed in Moore v. Regents of the University of California. While originally limited to tangible property that could be lost and found, most courts now allow conversion for intangible property as well. The measure of damages for conversion of a negotiable instrument is usually its face value.
Did You Know?
- Conversion is a tort of strict liability in England and Wales.
- Conversion originally required that property be lost then found by another person.
- The case of Moore v. Regents of the University of California raised questions about conversion of a patient's body parts.
Frequently Asked Questions
What is Conversion (law)?
Conversion is an intentional tort that occurs when a person takes another's personal property and behaves as though they own it, ignoring the true owner's right to possess it. It is classified strictly as a civil wrong rather than a criminal offense.
How does Conversion differ from theft or larceny?
Theft and larceny are criminal charges prosecuted by the state, whereas conversion is a purely civil tort that lets the wronged owner sue for compensation. The two can arise from the same facts but operate on entirely separate legal tracks—criminal punishment versus private damages.
What is the key element required to establish Conversion?
The claimant must demonstrate that the defendant intended to exercise ownership over the property in a manner inconsistent with the real owner's right of possession. In England and Wales, the tort is treated as one of strict liability, so proving fault beyond the act itself is unnecessary.
In which jurisdiction is Conversion most prominently applied?
Conversion is a well-established tort in England and Wales, where it functions as a strict-liability civil claim. It sits alongside, but distinct from, the criminal offenses of larceny, theft, and criminal conversion that address similar conduct.
Why is Conversion important in legal systems?
It gives property owners a dedicated civil remedy when their personal belongings are wrongfully seized or appropriated, filling a gap that criminal prosecution and unjust-enrichment claims do not fully cover. By separating the civil wrong from the criminal offense, it ensures victims can seek compensation independently of any state prosecution.
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