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Trespass to Chattels

If a person intentionally takes or interferes with the possession of the chattel of another without a
privilege to do so, then that person is liable for trespass to chattels.

 Focuses on the initial wrongful taking or interference with the rights of another.

Conversion
If a person wrongfully exercises dominion and control over the personal property of another,
then that person is liable for conversion.
If a person assumes, uses or exercises possession over, or the right to possess, the personal
property of another inconsistent with the rights of the true owner, then that person is liable for
conversion.
 E.g., watch repair shop owner refuses to return a customer’s watch; a finder of lost
property refuses to return it to the true owner.
 Focuses on the later wrongful control over a thing belonging to another. Thus, conversion
does not require an initial wrongful taking or interference.

Remedies
Replevin: action to recover chattel itself (verb: replevy)
Trespass: action to recover money damages resulting from the taking or interference with the
personal property.
Trover: action to recover the value of the chattel at the time it was taken together with damages
for the dispossession. Sometimes referred to as Trover and Conversion, because conversion is
presumed even if it cannot be proven. Trover is, in effect, a forced sale of the personal property.

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