What is the difference between replevin and conversion

Last Updated: Jun 25, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Intellectual Property. Child Support. Other Legal Categories. X 1 Enter Zip Code or City this may not be the same place you live. Automobile Accidents. Scroll down for more categories. X Most Common Issues:. We've helped over 5 million people. Get Started. Republic of Haiti v. Duvalier, A. Express One Int'l. See Agar v. Orda, N. Ricks, supra note 6, at citing Ayers v. French, 41 Conn. Sporn v.

See generally 18 U. Shmueli v. Corcoran Grp. The S. Astroworks v. Astroexhibit, F. Thyrofff, at The notion of dominion stems from the case of Fouldes v. Willoughby which held dominion is the right to "use of [the chattel] at all times and in all places. Willoughby, Eng. Leser v. MP Innovations v. Atlantic Horizon Intern. State v. Seventh Regiment Fund, 98 N. Independence Disc. Bressner, 47 A. A History of Conversion Dating back to the Norman Conquest of England in the eleventh century, proceedings against wrongdoers took the form of private appeals of larceny or robbery pursued only by the aggrieved party, not the state.

Conclusion Originating as an appeal in 11th century England, conversion has done away with many of its traditional elements.

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Question or Comments. Conversion Conversion occurs when one purposely interferes with another's personal property. Trespass to Chattels This is an intentional and wrongful interference with another's possession of property.

Single Cause of Action? Improve this answer. Modern practice would not distinguish between replevin and detinue BTW, the "plain English" name for both is "claim and delivery". Conversion is in common use but is an intentional tort in some states and a strict liability tort in others, it overlaps with civil theft.

I can't think of an occasion where I've ever pleaded trespass to chattles in 20 years joy riding maybe?

I knew it was not in common use, but not that it wasn't distinguished from replevin. Thanks for the input. And yeah, the example I was always given for trespass to chattels was joyriding in some neighbor's car.

In Colorado, replevin is codified in a court rule that gives it a broader definition than it had a common law. There is also an issue over whether temporary loss of use of chattle i. Civil theft which has a very broad modern definition of theft in Colorado, rather than the many fragmented common law offenses, also can fill the breach. Can you address the remedy side of the equation? Because from what I have found so far which is nothing authoritative or decisive — hence the question it sounds like the remedy for conversion is limited to money compensation for the value of the property, whereas under a trespass it is the "damage occasioned by the interference.

I would be very surprised to see a modern court limit conversion damages to only the value of the property. Show 3 more comments. Sign up or log in Sign up using Google. Sign up using Facebook. Very often, many alternative claims are asserted for the same alleged wrong.

For instance, it is quite common for a complaint to assert a breach of contract but also recite a whole set of quasi-contractual and tort claims based on the same or related factual allegations. But if breach of contract and fraud at least sound like commonly understandable terms, some others often require translation from the legalese. Replevin is basically a demand to return a specific item of personal property.

It is one of the oldest claims known to the common law. It does not matter whether Paul stole the item or just refused to turn it back after the period of his lawful possession expired. The essence of the claim is that Peter wants Paul to return the item. Replevin is not a claim for money damages — only for return of the property. But what if Paul has already sold or otherwise disposed of the item — or used it in a way that makes it no longer valuable for Peter?

Then the only thing Peter could recover is money damages — which he will likely do through a conversion claim. But just as replevin, a conversion claim is concerned with a specific and identifiable piece of property.