Explain the difference between trespass to personalty and conversion with examples
What will be an ideal response?
Trespass to personalty occurs when one intentionally interferes with another's use and enjoyment of his or her personal property. It is usually of short duration, but the trespasser is liable for any harm caused to the property or any loss suffered by the true owner as a result of the trespasser's having used the property.
Conversion is a more extreme wrong. It occurs when the defendant deprives the owner of his or her use and enjoyment of personal property. Traditionally, the tort required the defendant's permanent removal of the property from the owner's possession and control, such that the item could not be recovered or restored to its original condition. Today, however, a serious deprivation, even if not permanent, may constitute conversion. The plaintiff usually recovers damages for the full value of the converted item.
If a person takes a neighbor's car for a drive without permission, but returns it unharmed before the owner is aware of its absence, he has committed trespass to personalty, but the true owner suffers no damages. If a person takes his neighbor's car and hits a tree, damaging the bumper, that person has committed trespass to personalty and will be liable for the cost of repairing the car. If a person takes his neighbor's car and sells it to a salvage firm that tears the car apart and sells its parts, that person has committed conversion and will be liable for replacing the car.
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