Conversion Under Tort Law Essays

Conversion Under Tort Law Essays Conversion Under Tort Law Essay Conversion Under Tort Law Essay 320 5/19/2012 Conversion under Tort Law The layman’s definition for conversion is basically considered theft; according to our text â€Å"whenever a person wrongfully possesses or uses the personal property of another without permission† is considered conversion†¦.. †deprives an owner of personal property or of the use of that property without that owner’s permission†. On March 28 of this year, my car was stolen from my employer’s parking lot and was recovered eight days later by the local police. There was surveillance video of the subject entering and driving away in my car, due to the distance a positive ID was unable to be made. Without the video, the act (Actus Reus) of conversion (theft) could have been arguable, being there was no burden of proof. In order for an individual to be charged, there is an information (a form) that is required to be filled out; in my case a police report by a Peace Officer, in order to make a claim that a specific type of theft has occurred. Within the report, certain facts (or beliefs) would be contained supporting that it occurred with specificity and particularity. Here in Illinois, detailed descriptions of vehicle theft laws are found in the Ilinois Vehicle Code, and not the Criminal Code, under 625 ILCS 5/4-103 through 103. 3. In most cases auto thefts are considered Class 2 felonies, punishable by up to seven years imprisonment. There are many different types of conversion, not all of them involving tangible personal property or may not be considered theft at all. An example of conversion using intangible personal property could be the use of computer software, domain names, stocks, and bonds, to name just a few. Another consideration could be the unknowing purchase of stolen items, where the original subject that committed the theft is for all intensive purposes absolved of any wrongdoing by default, when the third party became involved. The buyer of the stolen items is then required to either return the stolen items or monetarily compensate the rightful owner for full value. In order to make a conversion claim, the plaintiff has to establish four elements. 1) the plaintiff owns or the right to possess he property, 2) defendant intentionally interfered with the property, 3) the interference deprived the plantiff of possession or use of the property, and 4) the interference caused damages to the plaintiff and/or the property. There are many different defenses in a conversion case if it ends up in litigation. There is abandonment; the property was abandoned by the owner prior to being taken by the defendant. Consent or approbation; the plaintiff’s consent can be implied. Privilege; the finder of lost property may be entitled to use or ownership if the real owner cannot be identified. As a policy, the local Police do not investigate auto thefts unless there was a crime committed with the car. Given the fact the subject seen on video was not able to be identified, the case was closed. The interior of the car was vandalized to the point that my insurance carrier considered the car a total loss. Because all four of the elements listed earlier, I was unable to make a conversion claim. : Cross, F. B. , amp; Miller, R. L. (2012). The legal environment of business: Text and cases-ethical, regulatory, global, and corporate issues. (8th ed. ). Mason, OH: South-Western Cengage Learning.