Legal Definitions - converter

A converter is a legal term for someone who unlawfully takes, uses, or disposes of another person's property, thereby preventing the rightful owner from using or possessing it. This interference must be without legal justification and in a manner inconsistent with the owner's rights. The core idea is that the owner is deprived of their property.

An innocent converter is a specific type of converter who takes or uses another's property by mistake, genuinely believing they have a right to it, and without actual knowledge that it doesn't belong to them. Even though their initial act was unintentional, they are still legally responsible for the property's value because the owner was deprived of it.

Here are some examples to illustrate this concept:

• Example 1: Intentional Keeping of Borrowed Property

  Imagine Sarah lends her vintage bicycle to a friend, Mark, for a weekend ride. Mark enjoys the bike so much that he decides to keep it, ignoring Sarah's calls and messages asking for its return. He eventually repaints it and starts using it as his own, without Sarah's permission.

  Explanation: Mark is acting as a converter because he intentionally interfered with Sarah's right to her property by keeping the bicycle and using it as his own, thereby depriving Sarah of its use and possession. His actions were willful and without legal justification.

• Example 2: Mistaken Possession Leading to Deprivation

  A package containing a valuable antique vase is mistakenly delivered to Mr. Henderson's doorstep instead of his neighbor's. Mr. Henderson opens the package, realizes it's not his, but decides to keep the vase for himself, placing it on his mantelpiece and making no effort to return it to the rightful owner or the delivery company.

  Explanation: Initially, Mr. Henderson might have been an innocent converter when he opened the package, assuming it was for him. However, once he realized the mistake and *chose* to retain the vase, he became a converter by intentionally depriving the rightful owner of their property. His decision to keep it, knowing it wasn't his, constitutes wrongful possession.

• Example 3: Unauthorized Sale of Another's Property

  A car dealership employee, without authorization, takes a customer's car that was brought in for service and sells it to a third party, pocketing the money. The customer, unaware of this, returns to pick up their car only to find it gone.

  Explanation: The employee is a converter because they wrongfully disposed of the customer's property (the car) without any legal right or permission, thereby depriving the customer of their vehicle. This act of selling the car was a clear and willful interference with the owner's rights.