Someone recently bought our

students are currently browsing our notes.

X

Trespass To Goods Conversion Notes

Law Notes > Intentional Torts Notes

This is an extract of our Trespass To Goods Conversion document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:













TRESPASS
TO GOODS:
CONVERSION






















70 | INTENTIONAL TORTS CONVERSION
*
* *
*
* Conversion (originally know as trover) can be defined as an
intentional act of dealing with a chattel in a manner that is
inconsistent with the P's right to possession of the chattel so as to
amount to a denial of it
Difficult, if not impossible, to define
Generally, conversion can apply more widely than trespass; as
trespass protects possession, and conversion protects the right to
possession
Dixon J in Penfold's :
o a dealing with a chattel in a manner repugnant to the
immediate right of possession of the person who has the
property or special property in the chattel. It may take the form
of a disposal of the goods by way of sale, or pledge ... of the
destruction or change in the nature or character of the thing, as
for example, pouring water into wine ...' (229).
Examples of conversion:
o Wrongful dealing with the goods
SS? intentional or reckless destruction of goods
SS? changing the nature or character of the goods
SS? unqualified refusal to deliver after demand
SS? qualified refusal where the qualifications is not
reasonable
SS? unauthorised permanent transfer or disposal of goods,
whether by sale and delivery, or by a mistaken delivery
to a wrong person
Considerations: * Did the plaintiff have the requisite interest in the chattel at
the time of the defendant's act? * Was the nature of the defendant's act such that it ought to be
regarded as a conversion of the chattel










INTENTIONAL TORTS | 71

Buy the full version of these notes or essay plans and more in our Intentional Torts Notes.