NAME: UKPAI SOLOMON EZERA

MATRIC NUMBER: 20080100037

LEVEL: 300L

COLLEGE: COLLEGE OF LAW

DEPARTMENT: LAW

COURSE: LAW OF TORT

COURSE CODE: LAW 344

QUESTION
COMPARE AND CONTRACT THE LEGAL IMPORT OF CONVERSION IN THE
LAW OF TORTS AND CRIMINAL LAW.
CONVERSION IN TORT LAW:
In the law of torts, conversion refers to a civil wrong where someone
wrongfully interferes with another person's property rights. It typically
involves the wrongful deprivation of another person's possession or
unauthorized use of their property. Here are some key points regarding
conversion in tort law:
Conversion is a civil tort, which means it is a private legal action between
individuals seeking compensation for harm caused by the conversion.
In tort law, the burden of proof rests on the plaintiff (the person whose
property rights were violated) to establish that the defendant committed
the act of conversion and caused damage or loss.
Generally, in tort law, the plaintiff does not need to prove the defendant's
intention to commit the conversion. It is sufficient to show that the
defendant's actions resulted in the deprivation or unauthorized use of the
plaintiff's property. SOUTH STAFFORDSHIRE WATER CO. V.
SHARMAN (1896), In this case, the defendant contracted with the
plaintiff to install a water meter. After the installation, the defendant
removed the meter and replaced it with another without the plaintiff's
consent. The court held that the defendant's actions amounted to
conversion and awarded damages to the plaintiff for the loss suffered.
The primary remedy in tort law for conversion is monetary compensation.
The plaintiff can seek damages equivalent to the value of the converted
property or the cost of replacement. TROPP V. WESTERN-SOUTHERN
LIFE INSURANCE CO. (1985), This case in the United States involved a
conversion claim in tort law. The court held that the defendant's actions in
wrongfully transferring funds from the plaintiff's bank account constituted
conversion, and the plaintiff was entitled to damages.
CONVERSION IN CRIMINAL LAW:
In criminal law, conversion is known as theft or larceny, and it is
considered a criminal offense. It involves the unlawful taking and
appropriation of another person's property without their consent.
Conversion is treated as a criminal offense in criminal law, meaning it is a
violation of the state's criminal statutes and subject to prosecution by the
government. According to SECTION 383(1) CRIMINAL CODE, when a
person fraudulently takes anything capable of being stolen, or fraudulently
converts to his own use or to the use of any other person anything capable
of being stolen, is said to steal that thing.
In criminal law, the burden of proof lies with the prosecution, who must
prove the defendant's guilt beyond a reasonable doubt.
In criminal law, the prosecution must establish the defendant's intention to
commit the theft or conversion. They need to show that the defendant
intentionally and unlawfully took another person's property with the intent
to permanently deprive the owner of its possession. State v. Weaver
(1978), the court addressed the issue of intent to permanently deprive in
theft. The defendant borrowed a neighbor's car without permission and
intended to return it later. The court held that the temporary use of the car
without the owner's consent still constituted theft, as the intent to
permanently deprive was not required for the offense.
If convicted of theft or conversion under criminal law, the defendant may
face various penalties, including fines, probation, community service,
restitution, or imprisonment, depending on the jurisdiction and the
seriousness of the offense. SECTION 390 CRIMINAL CODE makes
provision for penalties of stealing.

While both tort and criminal law address the concept of conversion, there
are distinct differences in terms of burden of proof, intent requirements,
and the nature of the legal action. Tort law focuses on civil liability and
seeks compensation for harm caused, whereas criminal law focuses on
punishing and deterring wrongful conduct through state prosecution.