Conversion in Torts: Test Your Knowledge

Question 1

In a conversion case, what is the standard measure of damages?

Accepted Answer

The property's value at the time of conversion

Answer

The property's highest value between conversion and trial

Answer

The cost to replace the property

Answer

Compensation for emotional distress caused by the loss

Question 2

Which defense is NOT recognized in a conversion action?

Accepted Answer

Self-defense

Answer

Consent of the owner

Answer

Necessity

Answer

Statute of limitations

Question 3

How does conversion differ from trespass to chattels?

Accepted Answer

Conversion involves permanent deprivation of property, while trespass to chattels involves temporary interference.

Answer

Conversion requires intent to interfere, while trespass to chattels does not.

Answer

Conversion is a strict liability tort, while trespass to chattels requires negligence.

Answer

Conversion applies to both personal and real property, while trespass to chattels applies only to personal property.

Question 4

Which remedy is NOT available in a conversion case?

Accepted Answer

Specific performance

Answer

Damages

Answer

Injunction

Answer

Replevin

Question 5

Who can be held liable for assisting in a conversion?

Accepted Answer

Jointly and severally

Answer

Vicariously

Answer

Strictly

Answer

Not liable

Question 6

Distinguish between direct and indirect conversion.

Accepted Answer

Direct conversion involves taking possession, while indirect conversion involves causing another to take possession.

Answer

Direct conversion requires intent, while indirect conversion does not.

Answer

Direct conversion is a felony, while indirect conversion is a misdemeanor.

Answer

There is no distinction between direct and indirect conversion.

Question 7

In conversion cases, when are nominal damages usually awarded?

Accepted Answer

When the plaintiff's ownership rights have been violated, but no actual damages have been incurred

Answer

When the plaintiff has incurred substantial financial losses

Answer

When the plaintiff's property has been restored in good condition

Question 8

Which of the following is NOT an essential element of conversion in tort law?

Accepted Answer

Unintentional damage to the property

Answer

Intent to exercise control over another's property

Answer

Actual exercise of control over another's property

Answer

Deprivation of the owner's possession

Question 9

How does trespass to chattels differ from conversion?

Accepted Answer

Trespass to chattels involves intent to possess, while conversion involves intent to permanently deprive.

Answer

Conversion involves intent to possess, while trespass to chattels involves intent to permanently deprive.

Answer

There is no meaningful distinction between the two torts.

Answer

Trespass to chattels is a more serious offense than conversion.

Question 10

Which of the following factors is irrelevant in determining conversion liability?

Accepted Answer

Sentimental value of the property

Answer

Duration of the defendant's possession

Answer

Owner's awareness of the defendant's possession

Answer

Defendant's intent

Question 11

What is the significance of demand in a conversion lawsuit?

Accepted Answer

Demand is generally unnecessary, but non-compliance may reduce recoverable damages.

Answer

Demand is mandatory before initiating a conversion action.

Answer

Demand is only required when the defendant is a governmental entity.

Answer

Demand is not applicable in conversion actions.

Question 12

Which of the following is NOT a potential remedy in a conversion case?

Accepted Answer

Criminal prosecution

Answer

Injunction

Answer

Specific performance

Answer

Restitution

Question 13

How do actual damages differ from nominal damages in a conversion action?

Accepted Answer

Actual damages compensate for the actual financial loss, while nominal damages are awarded in cases of minimal loss.

Answer

Nominal damages compensate for the actual financial loss, while actual damages are awarded in cases of minimal loss.

Answer

There is no distinction between actual and nominal damages.

Answer

Actual damages are always more substantial than nominal damages.

Question 14

Which element is NOT required to establish a conversion claim?

Accepted Answer

Actual damage to the property

Answer

Intentional exercise of control

Answer

Interference with possession

Answer

Unauthorized conduct

Question 15

In which scenario would conversion NOT typically occur?

Accepted Answer

Unintentionally damaging a neighbor's fence while mowing your lawn

Answer

Borrowing a car without the owner's permission

Answer

Selling a stolen wallet

Answer

Using a rented apartment as a storage unit beyond the lease term

Question 16

What is the general purpose of a statute of limitations in a conversion action?

Accepted Answer

To prevent plaintiffs from filing lawsuits after a certain period has passed

Answer

To require plaintiffs to prove that the conversion occurred within a certain period

Answer

To allow defendants to raise the defense of consent

Answer

To reduce the amount of damages that a plaintiff can recover

Question 17

Which of the following is NOT typically considered by courts when determining the value of property for conversion damages?

Accepted Answer

Sentimental value

Answer

Market value

Answer

Restoration costs

Answer

Replacement cost

Question 18

What is the primary role of punitive damages in conversion cases?

Accepted Answer

To punish defendants for particularly egregious conduct

Answer

To compensate plaintiffs for non-economic losses

Answer

To be awarded in addition to actual damages

Answer

To be awarded only in cases involving personal injury

Question 19

Which of the following is NOT an essential element of conversion?

Accepted Answer

Actual harm to the property

Answer

Intent to exercise control over the property

Answer

Interference with the owner's possession

Answer

Lack of authorization from the owner

Question 20

What is the primary remedy for conversion?

Accepted Answer

Damages

Answer

Injunction

Answer

Specific performance

Answer

Rescission

Question 21

Can a person be held liable for conversion even if they did not intend to permanently deprive the owner of their property?

Accepted Answer

Yes, if they knew or should have known that their actions would interfere with the owner's possession

Answer

No, intent to permanently deprive is always required for conversion

Answer

Only if they acted recklessly or negligently

Answer

It depends on the specific facts of the case

Question 22

What is the key distinction between conversion and trespass to chattels?

Accepted Answer

Conversion involves a more serious interference with the owner's rights

Answer

Trespass to chattels only requires intent to interfere with possession, not actual control

Answer

There is no meaningful distinction between the two torts

Answer

Conversion requires specific intent to deprive the owner of their property

Question 23

What is the significance of demand and refusal in a conversion action?

Accepted Answer

Demand and refusal create a presumption of conversion

Answer

Demand and refusal are required to establish conversion

Answer

Demand and refusal are irrelevant to conversion

Answer

Demand and refusal only apply to cases involving intentional conversion

Question 24

Can conversion be committed by a person who has lawful possession of the property?

Accepted Answer

Yes, if they exceed the scope of their authority

Answer

No, conversion requires unauthorized possession

Answer

Only if they intended to permanently deprive the owner of their property

Answer

It depends on the specific circumstances

Question 25

In tort law, what is the key distinction between conversion and trespass to chattels?

Accepted Answer

Conversion involves intending to permanently deprive the owner of their property, while trespass to chattels does not.

Answer

Trespass to chattels applies only to tangible property, while conversion covers both tangible and intangible property.

Answer

Conversion requires physical damage to the property, unlike trespass to chattels.

Question 26

In a conversion case, the defendant claims they purchased the property from someone who seemed to be the rightful owner. Which defense is the defendant most likely using?

Accepted Answer

Bona Fide Purchaser

Answer

Statute of Limitations

Answer

Consent

Question 27

Which term describes the intentional and unauthorized exercise of dominion or control over personal property belonging to another person?

Accepted Answer

Conversion

Answer

Trespass to Chattels

Answer

Trespass to Land

Answer

Detinue

Question 28

Intentionally taking and keeping personal property from its rightful owner with the intent to permanently deprive them of it is referred to as:

Accepted Answer

Wrongful Conversion

Answer

Trespass to Chattels

Answer

Unauthorized Use

Answer

Larceny

Question 29

Intentional destruction of another person's property can be considered conversion if:

Accepted Answer

Both of the above

Answer

The destruction is substantial and permanent

Answer

The destruction is done without the owner's consent

Answer

Neither of the above

Question 30

Mary's car was stolen by John and sold to Peter, who was unaware of the theft. Mary discovers the sale and sues Peter for conversion. Which defense is most likely to succeed for Peter?

Accepted Answer

Peter is not liable because he did not know the car was stolen.

Answer

Peter is liable because he should have known the car was stolen.

Answer

Peter is liable because he received the car from a thief.

Answer

Peter is liable because he sold the car.

Question 31

Which of the following is NOT an essential element of conversion in torts?

Accepted Answer

Knowledge of the true owner by the defendant

Answer

Intentional exercise of control over personal property

Answer

Deprivation of the owner's right to possession

Answer

Exclusive possession of the property by the defendant

Question 32

When does the cause of action for conversion accrue?

Accepted Answer

At the time of the intentional exercise of dominion

Answer

At the time of the demand for possession

Answer

At the time of the sale or disposition of the property

Answer

At the time of the discovery of the conversion by the owner

Question 33

In the context of intentional torts involving personal property, what primarily distinguishes Conversion from Trespass to Chattels?

Accepted Answer

Conversion requires actual or constructive possession of the property, unlike Trespass to Chattels.

Answer

Conversion always results in permanent deprivation of the property, unlike Trespass to Chattels.

Answer

Conversion requires intent to damage the property, unlike Trespass to Chattels.

Answer

Conversion is only actionable if the property is damaged, unlike Trespass to Chattels.

Question 34

Which of the following is a fundamental element of the tort of conversion?

Accepted Answer

Intentional exercise of control over another's personal property without their consent

Answer

Mere possession of another's property

Answer

Negligence in causing damage to another's property

Question 35

What is the generally accepted measure of damages in a conversion action?

Accepted Answer

The fair market value of the property at the time of the conversion

Answer

Actual value to the owner, regardless of market value

Answer

Depreciation in the value of the property since the date of conversion

Question 36

Which of the following factors is NOT considered in determining the fair market value of property in a conversion case?

Accepted Answer

Sentimental or emotional value to the individual owner

Answer

Replacement cost to obtain a similar item

Answer

Comparable sales of similar properties

Answer

Professional appraisal

Question 37

What is the primary distinction between conversion and trespass to chattels?

Accepted Answer

Conversion requires intent to permanently deprive the owner of possession, while trespass to chattels does not.

Answer

Conversion is a strict liability tort, while trespass to chattels is an intentional tort.

Answer

Trespass to chattels requires physical damage, while conversion does not.

Question 38

Which of the following is NOT an essential element of the tort of conversion?

Accepted Answer

Damages

Answer

Intentional exercise of control

Answer

Wrongful intent

Answer

Deprivation of possession

Question 39

In which of the following scenarios is conversion most likely to have occurred?

Accepted Answer

A person takes a neighbor's lawnmower without permission and uses it for several weeks.

Answer

A store owner sells a customer's coat that was left in the store but later returns it to the customer.

Answer

A mechanic keeps a customer's car for an extended period due to delays in obtaining parts.

Question 40

Which of the following is NOT an essential element of conversion?

Accepted Answer

Intent to permanently deprive the owner of the property

Answer

Unauthorized exercise of control

Answer

Interference with the owner's possession

Question 41

In the context of conversion, what is meant by 'exercise of control'?

Accepted Answer

Any act that demonstrates the assumption of ownership or dominion over the property

Answer

Mere possession of the property

Answer

Intent to sell the property

Question 42

Which of the following remedies is NOT typically available in a conversion case?

Accepted Answer

Specific performance

Answer

Injunction

Answer

Damages

Answer

Replevin

Question 43

What is the customary measure of damages in a conversion case?

Accepted Answer

Fair market value of the property at the time of conversion

Answer

Actual loss suffered by the owner

Answer

Original cost of the property

Question 44

What is the primary distinction between conversion and trespass to chattels?

Accepted Answer

Conversion involves an intent to exercise permanent control, while trespass to chattels does not.

Answer

Trespass to chattels requires intent to interfere with the owner's possession, while conversion does not.

Answer

Conversion requires substantial physical damage to the property, while trespass to chattels does not.

Question 45

Which of the following is an example of conversion?

Accepted Answer

Unauthorized sale of someone else's car

Answer

Borrowing a book from a friend and returning it late

Answer

Accidentally damaging someone else's property

Question 46

Which of the following circumstances could negate an intent to convert property?

Accepted Answer

Reasonable belief of ownership

Answer

Concealment of the property from the owner

Answer

Prolonged use of the property without permission

Answer

Sale of the property for a profit

Question 47

Which of the following is a typical example of conversion?

Accepted Answer

Selling a car that is not owned by the seller

Answer

Assaulting someone in a public park

Answer

Trespassing on someone else's property

Answer

Libeling someone in a newspaper article

Question 48

In a conversion action, the burden of proof is on the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Answer

Jury

Question 49

A construction company borrows a bulldozer from a rental company. After the rental period expires, the construction company continues to use the bulldozer without notifying the rental company. This scenario most likely represents which of the following torts?

Accepted Answer

Conversion

Answer

Trespass to Chattels

Answer

Negligence

Answer

Strict Liability

Question 50

To establish a claim for conversion, which of the following is NOT a required element?

Accepted Answer

The defendant intended to harm the plaintiff's property.

Answer

The defendant intentionally interfered with the plaintiff's possession or use of the property.

Answer

The plaintiff had ownership or right to possession of the property.

Question 51

Sarah finds a wallet and keeps it, even though she knows it belongs to someone else. What is the likely outcome of this situation?

Accepted Answer

Sarah may be liable for conversion because she is exercising dominion and control over the wallet despite knowing it belongs to someone else.

Answer

Sarah is not liable for conversion because she found the wallet.

Question 52

Which of the following remedies is NOT typically available in a successful conversion claim?

Accepted Answer

Injunction requiring the defendant to perform community service

Answer

Replevin, which is the return of the property itself

Answer

Damages for the fair market value of the property at the time of conversion

Question 53

John borrows Mary's car for the weekend. While driving the car, John accidentally gets into an accident and the car is totaled. Which of the following is most likely true?

Accepted Answer

John may be liable for trespass to chattels, but likely not conversion, as the damage was unintentional.

Answer

John is liable for conversion because he destroyed Mary's property.

Question 54

A museum borrows a valuable painting from a private collector for a special exhibition. After the exhibition ends, the museum refuses to return the painting to the collector, claiming that the collector donated it to the museum. This situation is an example of:

Accepted Answer

Conversion by refusal to return property

Answer

Trespass to chattels

Answer

Larceny

Answer

Conversion by destruction of property

Question 55

Under what circumstances can a good faith purchaser of stolen property be held liable for conversion?

Accepted Answer

If the purchaser refuses to return the property to the rightful owner after learning that it was stolen.

Answer

Only if the purchaser knew or should have known the property was stolen at the time of purchase.

Answer

A good faith purchaser is never liable for conversion, even if the property was stolen.

Question 56

A bookstore owner mistakenly sells a rare book to a customer which was supposed to be held for another customer who pre-ordered it. The pre-ordering customer can sue the bookstore owner for:

Accepted Answer

Conversion, as the bookstore owner wrongfully exercised dominion over the book by selling it to another party.

Answer

Negligence, as the bookstore owner breached a duty of care to the pre-ordering customer.

Question 57

The statute of limitations for filing a conversion claim:

Accepted Answer

Varies by state but typically ranges from 2 to 6 years.

Answer

Is always 6 years.

Answer

Is always 2 years.

Question 58

In a claim for conversion, the plaintiff's burden of proof is:

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Probable cause

Answer

Clear and convincing evidence