Conversion - Elements

Conversion claims occur when someone wrongfully takes, keeps, or damages your personal property, causing you to be owed money equal to the full value of the property.

To win a conversion case in court, you must prove the following elements:

  1. Ownership: You owned, possessed, or had a right to possess the property.
  2. Conversion: The defendant interfered with your property by taking, preventing use, destroying, or refusing to return it after demand.   
  3. Consent: You did not consent to the defendant’s action.
  4. Damages: You were harmed by the defendant’s action.

Example

You bought a new lawn mower and your cousin took it without permission and never returned it.

  1. Ownership: 05/22/2022, you purchased the lawn mower from Home Depot.
  2. Conversion: 06/02/2022, your cousin took your lawn mower.
  3. Consent: 06/06/2022, you asked for the lawnmower back from your cousin.
  4. Damages: 07/01/2022 and 08/01/2022, you paid $100 each time for a gardener. On 08/22/2022, you paid $600 for a replacement lawn mower. You are owed a total of $800.

Learn more about Conversion Cases.

🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.

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