Chattels under property law, are pieces of tangible, moveable personal property, as opposed to "real property" such as land.
If an actor intentionally damaged an owner's personal property, or temporarily deprived the owner of possession, she was liable for trespass to chattels. If she intentionally deprived the possessor of an item of personal property, as by stealing it, she was liable for conversion.
Trespass to chattels provides a remedy for damage to personal property or temporary interference with its use even though the possessor is not permanantly deprived of it.
A trespass to chattel may be committed by intentionally
a. dispossessing another of the chattel or
b. using or intermeddling with a chattel in the possession of another
One who commits a trespass to a chattel is subject to liability to the possessor of the chattel, if, but only if
a. He dispossesses the other of the chattel or
b. the chattel is impaired as to its condition quality or value or
c. the posessor is deprived of the use of the chattel for a substantial time or
d. bodily harm is caused to the possessor or harm is caused to some person or thing in which the posessor has a legally protected interest.
Liability for trespass to chattel is limited to those which cause resulting harm.
As with battery, assault and other intentional torts, the actor must act for the purpose of causing the trespass, or with substantial certainty that the trespass will result.
One who damages or takes a chattel is liable to an immediate possessor or to a "person entitled to future possession." Possessor may not necessarily be an "owner".
Conversion provides a remedy for a deprivation sufficiently serious that the tortfeasor is liable for the full value of the property. It requires very substantial exercise of control or dominion inconsistent with the plaintiff's rights.
If the property is merely damaged, or possession is temporarily interfered with, the claim is usually for trespass to chattels, not for conversion.
If the property is stolen, or ven used for a substantial period of time, the actor will likely be liable for conversion.
The significance of conversion lies in the measure of damages, the recovery of the full value of hte goods, and that the tort is properly limited to those wrongs which justify imposing it.
Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.
Doctrine of mistakes applies to trespass to chattels. If something is taken, in belief that the person taking it owns it, that is still trespass to chattels. The intent requirement is satisifed for an intentional tort because the person intended to take the item. This holds true even if the person was mistaken as to the character of his act and the law places the consequences of his mistake on him.
In determining the seriousness of the interference and the justice of requiring the actor to pay the full value, the following factors are important (these are tests to determine if conversion, rather than trespass to chattels has taken place)
a. the extent and duration of the actor's exercise of dominion or control
b. the actors intent to assert a right in fact inconsistent with the other's right of control
c. the actor's good faith
d. the extent and duration of the resulting interference with the other's right of control
e. the harm done to the chattel
f. the inconvenience and expense caused to the other
If conversion is found, the defendant is liable for the full value of the chattel at the time of the conversion
If trespass to chattels then the damages are the diminished value of the chattel or damages for the deprivation of use
Although trespass to chattels is defined by certain conduct, liability for damages are appropriate only if the trespass leads to damage or deprivation of use.
Conversion by receiving possession in consummation of transaction: one who receives possession of a chattel from another with the intent to acquire for himself or for a third person a proprietary interest in the chattel which the ohter has not the power to transfer is subject to liability for conversion to a third person then entitled to the immediate possession of the chattel.
A converter in such cases may reduce the resulting damages by returning the chattel unimpaired.
tort law creates a limited privilege for a possessor of chattels to use force to recapture them.
commission of the tort might support an action for an injunction, even if the trespasser has not caused damages.
Some acts that we may think of as vandalism are actually conversion. For instance, if it interferes with the plaintiff's property, caused extensive interference to it (or destroyed it), and if the actor does not act in good faith.
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