Conversion (law) - Acts Constituting Conversion

Acts Constituting Conversion

An action for conversion does not rest on knowledge or intent of the defendant. The act constituting "conversion" must be an intentional act, but does not require wrongful intent, and is not excused by care, good faith, or lack of knowledge. Fraudulent intent is not an element of conversion. The defendant is answerable for the conversion, no matter how good his intentions were, or how careful he has been, or how apparently well-founded was his belief that his tortious act was right. The existence of probable cause does not preclude liability. A person may be liable for conversion even though he was reasonably mistaken in thinking the facts to be such as would give him a legal right to the goods.

There are cases in which the defendant does not clearly appropriate the property to his own use, and in which the question whether there is a conversion therefore depends on the intent of the defendant either express or implied.

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