Trespass To Goods Conversion Notes

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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