Q&As

Can the tort of conversion apply where one individual took money from another individual's bank account?

read titleRead full title

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Published on: 11 February 2020
imgtext

The tort of conversion

The tort of conversion is concerned with cases where one person (D) has misappropriated Goods Belonging to another (C).

It requires the existence of three elements:

  1. •

    D’s conduct must have been inconsistent with the rights of the owner, C (or other person entitled to possession)

  2. •

    D’s conduct must have been deliberate, not accidental; and

  3. •

    D’s conduct must have been so extensive an encroachment on C’s rights as to exclude C from use and possession of the goods

See Commentary: Conversion: general features of the tort: Halsbury's Laws of England [202].

In order to sue in conversion, the claimant must establish that they hold a property right in respect of a chattel (OBG Ltd v Allan).

There is no closed list of the different types of chattels which can form the subject matter of a property right,

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Goods definition
What does Goods mean?

Goods denote personal chattel and other property which may be detached from land.

Read more readmore

Popular documents

Can the tort of conversion apply where one individual took money from another individual's bank account?

Can the tort of conversion apply where one individual took money from another individual's bank account?The tort of conversionThe tort of conversion is concerned with cases where one person (D) has misappropriated goods belonging to another (C).It requires the existence of three elements:•D’s

Contract interpretation—entire agreement clauses

Contract interpretation—entire agreement clausesParties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an ‘entire agreement clause’. This Practice Note considers why they are used and some

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Causation and remoteness in tort and negligence claims

Causation and remoteness in tort and negligence claimsThis Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits,