Legal Definitions - conversionary act

A conversionary act refers to any action that wrongfully interferes with someone else's personal property, treating it as if it were one's own, to the extent that it deprives the rightful owner of their possession or use of that property.

It's more than just a temporary trespass; it involves a serious and unauthorized exercise of control over another's goods, inconsistent with the owner's rights. The person committing the act doesn't necessarily have to intend to steal the item, but they must intend the act that results in the wrongful control or deprivation.

• Example 1: Sarah lends her vintage bicycle to her friend, Mark, for a week. Instead of returning it, Mark decides to paint the bicycle a different color, replace several original parts with cheaper ones, and then sells it to an unsuspecting buyer without Sarah's knowledge or permission.

  Explanation: Mark's actions of altering the bicycle, replacing parts, and especially selling it, constitute a conversionary act. He exercised unauthorized control over Sarah's property, treated it as his own, and permanently deprived Sarah of her rightful possession and ownership of the original bicycle.

• Example 2: A customer, Mr. Henderson, takes his antique watch to a repair shop. After the repairs are completed and Mr. Henderson offers to pay the agreed-upon fee, the shop owner suddenly refuses to return the watch, claiming that Mr. Henderson still owes money from an unrelated, disputed bill from a year ago, and states he will keep the watch until that old debt is settled.

  Explanation: The shop owner's refusal to return Mr. Henderson's watch, despite the completion of the current service and offer of payment, and his assertion of a right to hold it for an unrelated, disputed debt, is a conversionary act. He is wrongfully exercising control over Mr. Henderson's property, inconsistent with Mr. Henderson's ownership rights.

• Example 3: A photography studio hires a freelance photographer, Emily, for a project. The studio provides Emily with a specialized, expensive camera lens for the duration of the shoot. After the project concludes, Emily decides she likes the lens and keeps it, ignoring the studio's repeated requests for its return and eventually selling it online.

  Explanation: Emily's decision to keep the studio's camera lens after the project's completion, despite requests for its return, and her subsequent act of selling it, are conversionary acts. She wrongfully asserted ownership and control over property that belonged to the studio, depriving them of its use and value.