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.
Read more about this topic: Conversion (law)
Famous quotes containing the words acts, constituting and/or conversion:
“I am the LORD, and I will free you from the burdens of the Egyptians and deliver you from slavery to them. I will redeem you with an outstretched arm and with mighty acts of judgment. I will take you as my people, and I will be your God. You shall know that I am the LORD your God, who has freed you from the burdens of the Egyptians.”
—Bible: Hebrew, Exodus 6:6,7.
“The powers of the federal government ... result from the compact to which the states are parties, [and are] limited by the plain sense and intention of the instrument constituting that compact.”
—James Madison (17511836)
“The conversion of a savage to Christianity is the conversion of Christianity to savagery.”
—George Bernard Shaw (18561950)