Conversion: Definition, Elements, Defenses, and Damages

Question 1

Which of the following is NOT an essential element of conversion?

Accepted Answer

Lawful possession of the property

Answer

Intent to exert dominion over the property

Answer

Actual exercise of dominion over the property

Answer

Deprivation of the owner's possession

Question 2

What is the most common defense to conversion?

Accepted Answer

Consent

Answer

Statute of limitations

Answer

Necessity

Answer

Self-defense

Question 3

True or False: Conversion applies only to tangible property.

Accepted Answer

False

Answer

True

Question 4

What is the primary distinction between conversion and trespass to chattels?

Accepted Answer

Conversion involves a greater degree of interference with the property

Answer

Trespass to chattels requires intent to permanently deprive the owner of possession

Answer

Conversion only applies to intentional acts, while trespass to chattels can be intentional or negligent

Answer

There is no meaningful distinction between conversion and trespass to chattels

Question 5

What is the measure of damages for nominal damages in a conversion action?

Accepted Answer

A small amount to vindicate the plaintiff's rights

Answer

The fair market value of the property at the time of conversion

Answer

The plaintiff's actual out-of-pocket expenses

Answer

The defendant's profits from the conversion

Question 6

What are the three types of damages that can be awarded in a conversion claim?

Accepted Answer

Nominal, compensatory, and punitive

Answer

Actual, special, and consequential

Answer

Direct, indirect, and incidental

Answer

General, exemplary, and nominal

Question 7

True or False: Conversion **can** only occur if the defendant physically takes the plaintiff's property.

Accepted Answer

False

Answer

True

Question 8

Which of the following factors is **not** considered in determining whether an act is an unauthorized exercise of dominion?

Accepted Answer

The value of the property

Answer

The intention of the defendant

Answer

The duration of the interference

Answer

The relationship between the parties

Question 9

In which of the following cases would a court be most likely to find conversion?

Accepted Answer

A store employee who uses a customer's credit card for personal purchases.

Answer

A mechanic who repairs a car without authorization.

Answer

A landlord who enters a tenant's apartment without permission.

Answer

A neighbor who borrows a lawnmower and returns it late.

Question 10

In conversion, which action involves 'wrongful possession and control'?

Accepted Answer

Using someone's car without their permission

Answer

Selling someone's property with their permission

Answer

Storing someone's property on your land for safekeeping

Answer

Borrowing someone's book and returning it late

Question 11

What type of intent is required for conversion?

Accepted Answer

Specific intent

Answer

General intent

Answer

Negligent intent

Answer

Strict liability

Question 12

Which of the following is a special type of conversion that involves the unauthorized use of a chattel?

Accepted Answer

Trover

Answer

Trespass to chattels

Answer

Replevin

Answer

Detinue

Question 13

What is the significance of the concept of "substantial interference" in conversion?

Accepted Answer

It determines whether a conversion has occurred.

Answer

It determines the level of damages that can be awarded.

Answer

It is a defense to a conversion claim.

Answer

It is irrelevant to the analysis of a conversion claim.

Question 14

Which of the following is a unique characteristic of conversion as a tort?

Accepted Answer

It can be committed by a person who does not have possession of the property.

Answer

It requires proof of actual physical harm.

Answer

It is actionable per se.

Answer

It requires the plaintiff to prove malice.

Question 15

Which element of conversion refers to the defendant's intentional and wrongful deprivation of the plaintiff's possession of property?

Accepted Answer

Deprivation of possession

Answer

Intentional act

Answer

Damage to the property

Answer

Wrongful intent

Question 16

Which element is **not** necessary to establish a cause of action for conversion?

Accepted Answer

Legal title to the property

Answer

Intent to deprive the owner of possession of their property

Answer

Actual or constructive possession of the property by the defendant

Answer

Deprivation of the owner's use, possession, or enjoyment of the property

Question 17

True or False: For conversion to occur, the defendant's actions must result in a permanent loss of property to the owner.

Accepted Answer

False

Answer

True

Question 18

True or False: The amount of damages awarded for conversion is always equal to the market value of the property at the time of conversion.

Accepted Answer

False

Answer

True

Question 19

In the United States, what is the typical statute of limitations for filing a conversion action?

Accepted Answer

Varies by state

Answer

1 year

Answer

3 years

Answer

5 years

Question 20

Which element is NOT required to establish the tort of conversion?

Accepted Answer

Lawful deprivation

Answer

Intentional exercise of dominion or control

Answer

Unauthorized use or possession

Answer

Damages suffered by the owner

Question 21

In general, the measure of damages in conversion is:

Accepted Answer

The fair market value of the property at the time of conversion, plus consequential damages.

Answer

The replacement cost of the property.

Answer

The sentimental value of the property to the owner.

Question 22

In the context of conversion, a defendant's knowledge of the plaintiff's ownership of the property:

Accepted Answer

Is generally irrelevant; intent to deprive the owner of possession is sufficient.

Answer

Is essential for liability; a mistaken belief of ownership is a valid defense.

Answer

Is a mitigating factor; damages may be reduced if the defendant was unaware of ownership.

Question 23

Conversion is most closely related to which of the following torts?

Accepted Answer

Trespass to Chattels

Answer

Assault

Answer

Battery

Answer

Negligence

Question 24

In which of the following situations would the defense of abandonment be most likely to succeed in a conversion claim?

Accepted Answer

When the plaintiff intentionally relinquishes possession of the property without intending to regain it in the future

Answer

When the defendant takes the property with the plaintiff's permission, but later exceeds the scope of that permission

Answer

When the defendant takes the property under a mistake of fact about its ownership

Question 25

Which of the following is an essential element of the tort of conversion?

Accepted Answer

Unauthorized exercise of dominion or control over personal property in a manner that seriously interferes with the owner's rights

Answer

Intent to permanently deprive the owner of the property

Answer

Damages in excess of the value of the property

Question 26

What is the legal term for a person who exercises control over property in defiance of the owner's rights?

Accepted Answer

Converter

Answer

Trespasser

Answer

Bailee

Answer

Fiduciary

Question 27

What type of damages are typically awarded in a conversion case?

Accepted Answer

Compensatory damages (fair market value of the property at the time of conversion, plus interest)

Answer

Punitive damages

Answer

Nominal damages

Question 28

In which of the following scenarios would conversion NOT occur?

Accepted Answer

A person borrows a car with the owner's permission, uses it for its intended purpose, and returns it undamaged and on time.

Answer

A person finds a lost wallet and keeps it without making reasonable efforts to locate the owner.

Answer

A person takes a car without the owner's permission and drives it for a week.

Question 29

When do you have constructive possession of property?

Accepted Answer

When you have the right to control the property and are not barred from exercising that right by a third party

Answer

When you intend to take possession of the property

Answer

When you have exclusive use of the property

Answer

When you physically have the property

Question 30

Which of the following is not considered a "chattel" for purposes of conversion?

Accepted Answer

Real estate

Answer

Painting

Answer

Money

Answer

Car

Question 31

Which of the following is a type of "trespass to chattels"?

Accepted Answer

Conversion

Answer

False imprisonment

Answer

Assault

Answer

Defamation

Question 32

Which of the following is NOT a potential legal consequence of conversion?

Accepted Answer

Criminal prosecution

Answer

Injunction

Answer

Civil liability for damages

Answer

Punitive damages

Question 33

In which of the following situations would there be no conversion?

Accepted Answer

A finder takes possession of lost property with the intent to return it to the owner

Answer

A landlord enters a tenant's apartment without permission to make repairs

Answer

A thief steals a car and sells it to a used car dealership

Question 34

Which of the following defenses to conversion is generally NOT recognized in most jurisdictions?

Accepted Answer

Inevitability

Answer

Consent

Answer

Statute of limitations

Answer

Necessity

Question 35

Which of the following is an example of constructive conversion?

Accepted Answer

A person refuses to return property to the owner after being lawfully requested to do so

Answer

A person damages property

Answer

A person steals a car

Question 36

Which of the following actions does NOT constitute conversion?

Accepted Answer

Borrowing a book from a friend with permission

Answer

Selling a car that you do not own

Answer

Using someone's laptop without their knowledge

Answer

Destroying another person's property

Question 37

In an action for conversion, which of the following types of damages may be awarded?

Accepted Answer

All of the above

Answer

Compensatory damages

Answer

Punitive damages

Answer

Nominal damages

Question 38

Under what circumstances may conversion be considered a felony?

Accepted Answer

When the value of the property exceeds a statutory threshold

Answer

When the property is a firearm

Answer

When the property is stolen from a church

Question 39

Maria finds a lost wallet on the street and uses the credit cards inside to make purchases without the owner's consent. What type of conversion has she committed?

Accepted Answer

Constructive conversion

Answer

Trespassory conversion

Answer

Tortious conversion

Answer

Innocent conversion

Question 40

Which of the following is NOT a factor considered when determining the measure of damages in conversion?

Accepted Answer

The plaintiff's intent

Answer

The value of the property at the time of conversion

Answer

The plaintiff's actual loss

Question 41

Romeo takes Juliet's car without her permission and sells it to a third party. Which party or parties are liable for conversion?

Accepted Answer

Both Romeo and the third party

Answer

Neither Romeo nor the third party

Answer

The third party only

Answer

Romeo only

Question 42

What is the primary purpose of conversion law?

Accepted Answer

To protect personal property rights

Answer

To resolve contractual disputes

Answer

To promote economic growth

Answer

To punish criminal behavior

Question 43

What is the most common defense to conversion?

Accepted Answer

Consent of the owner

Answer

Privilege

Answer

Statute of limitations

Answer

Necessity

Question 44

Which of the following uses of property is considered privileged?

Accepted Answer

Removing a tire from a parked car to prevent it from rolling

Answer

Taking a boat from a marina for a joyride

Answer

Using a neighbor's lawn mower without permission

Question 45

Which of the following is NOT a necessary element of the tort of conversion?

Accepted Answer

The defendant's intent to permanently deprive the plaintiff of their property.

Answer

The plaintiff's ownership or possessory right in the property.

Answer

The defendant's exercise of dominion or control over the property.

Question 46

A mechanic repairs a car without the owner's consent and refuses to return it until the repair bill is paid.  This situation best exemplifies:

Accepted Answer

Conversion, as the mechanic exercised dominion over the car by withholding it.

Answer

Trespass to chattels, as the mechanic interfered with the owner's possession of the car.

Answer

Negligence, as the mechanic acted without the owner's permission.

Question 47

A plaintiff suffers $10,000 in damages due to the defendant's conversion of a valuable painting.  Which of the following measures of damages is MOST LIKELY to be awarded?

Accepted Answer

The fair market value of the painting at the time of the conversion.

Answer

The defendant's profits from the sale of the painting.

Answer

The plaintiff's emotional distress caused by the conversion.

Question 48

A person finds a lost wallet containing $500 in cash.  They decide to keep the wallet and the money.  This scenario BEST exemplifies:

Accepted Answer

Conversion, as the finder exercised dominion and control over the lost property.

Answer

Trespass to chattels, as the finder interfered with the owner's possession of the wallet.

Answer

Misappropriation, as the finder wrongfully took the money.

Question 49

A bank mistakenly credits a customer's account with $10,000.  The customer spends the money.  The bank demands the return of the money.  The customer's MOST LIKELY defense to a conversion claim by the bank is:

Accepted Answer

The customer acted in good faith and without knowledge that the money was mistakenly deposited.

Answer

The customer had a right to use the money since it was deposited in their account.

Answer

The bank was negligent in crediting the account incorrectly.

Question 50

A person borrows a friend's car for the weekend.  During the weekend, the person crashes the car and it is totaled.  Which of the following statements is TRUE regarding the potential liability for conversion?

Accepted Answer

The person may be liable for conversion because they exercised dominion over the car and caused significant damage.

Answer

The person is not liable for conversion because they had the friend's permission to borrow the car.