Conversion
The template for defense of property is a type-based analysis, meaning defense of other contains four unique standards for different types of scenarios. The first step is to identify the type of scenario, and the second step is to apply the relevant standard.
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injuries under a theory of conversion.
Analysis
R: A defendant is liable for conversion if they (1) intentionally commit an act that (2a) deprives the plaintiff of possession of chattel or (2b) interferes with the plaintiff’s chattel in such a serious manner that it deprives the plaintiff of the use or possession of the chattel. Conversion is often regarded as a more serious interference than trespass to chattels and typically involves a complete or significant deprivation of the plaintiff’s rights to the property.
1. Intent
R: The defendant must have intended (1) to commit the act that interferes and (2) to exercise control over the chattel.
R: The defendant has the requisite intent if (1) the defendant intended to perform the act that interferes with the plaintiff’s rights to the chattel. It is not required that the defendant intended to cause harm or knew the property belonged to the plaintiff. The intent to (2) exercise control over the chattel or to commit the act leading to deprivation suffices. Furthermore, (3) the doctrine of transferred intent may apply if the defendant’s actions, though mistakenly directed, resulted in the deprivation of the plaintiff’s property rights.
A: Here, [apply rule to facts].
C: Therefore, the first element [is/is not] satisfied.
2. Interference
R: Interference with the plaintiff’s chattel occurs when (1) the defendant exercises dominion and control over it in a manner that significantly interferes with the plaintiff’s right to possession or use (e.g., taking, destroying, or refusing to return the property). Interference also occurs when (2) the original acquisition of the chattel was not wrongful, but the defendant fails to return the property upon a rightful demand, provided that the plaintiff was entitled to immediate possession of the chattel.
A: Here, [apply rule to facts].
C: Therefore, the second element [is/is not] satisfied.
Conclusion
C: Therefore, Defendant [is/is not] liable for Plaintiff’s injuries under a theory of conversion.
Damages
R: In cases of conversion, the plaintiff is entitled to recover damages equal to the full market value of the converted property at the time of the conversion, reflecting the total loss of the chattel (i.e., a legal remedy). Alternatively, under common law and statutory replevin actions, the plaintiff may seek to recover possession of the actual chattel rather than monetary compensation (i.e., an equitable remedy).
A: Here, [apply rule to facts].
C: Therefore, Plaintiff may recover [enter types of damages].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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