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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

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