Conversion
"Conversion" is also known as "Trover".It is the wrongful taking or using or destroying the goods or an exercise of dominion over the goods,which is inconsistent with the title of the owner.
Types of Conversion :
The Tort of conversion can be committed in the following ways:
1. Wrongful taking of the property:
If a person takes a property actually so as to deprive the owner's right to enjoy or possess the property,then it is conversion.The taking need not be with intention to exercise full ownership.But thers should be an intention to exercise permanent or temporary dominion over property.There must be actual taking of the property.
2. Wrongful parting with the property :
If a person wrongfully hands over the goods of another so as give him some rights over the property either as owner or otherwise then it is conversion.
3. Wrongful selling of the property :
Wrongful sale of goods is conversion,because by sale,the property or ownership in goods passes to the purchaser and so the ownership of real owner is deprived.
4. Wrongful detaining of the property :
Conversion may be committed by detention of the property,i.e.,wrongful withholding of goods belonging to another.
5. Wrongful destroying of property :
Wrongful destruction of goods so as to deprive the use of a thing is conversion.
6. Denial of lawful owner's right :
Eventhogh the offender does not physically deprive the property from owner,if he does any act to deny the owner;s right then it is conversion.
Remedies :
1. Retaking the goods by applying reasonable force.
2. Court's order to restore the property in goods.
3. Damages.
Defences available to the offender:
1. Lien or Pledge
2. Right of stoppage in transit
3. Sale in the market Overt
4. Execution of a Decree.
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