Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A disgruntled customer, infuriated by a store's return policy, intentionally pushed a display rack of fragile pottery, causing it to crash to the floor and shatter. The pottery was valued at $500. The store owner sued the customer. Which of the following is the most appropriate intentional tort for the store owner to allege?
- ABattery, as the customer made offensive contact with the property.
- BAssault, as the customer's actions caused apprehension of harm to the property.
- CConversion, as the customer destroyed the property.
- DTrespass to chattels, as the customer interfered with the property.
Show answer & explanationAnswer & explanation
Correct answer: C. Conversion, as the customer destroyed the property.
Conversion occurs when there is an intentional exercise of dominion and 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. Destruction of property constitutes such a serious interference.
Why the other options are wrong
- A. Battery is an intentional tort against a person, involving harmful or offensive contact with the plaintiff's person. It does not apply to property damage.
- B. Assault is an intentional tort against a person, involving the apprehension of imminent harmful or offensive contact. It does not apply to property damage.
- D. Trespass to chattels involves a lesser interference, typically resulting in damages for the diminished value or loss of use, not the full value. Destruction is usually considered conversion.
Conversion vs. Trespass to Chattels
Both involve intentional interference with personal property, but conversion is a more serious interference, justifying payment of the full value of the chattel, while trespass to chattels is a lesser interference, usually resulting in damages for loss of use or diminished value.
- Conversion: Serious interference, defendant pays full value.
- Trespass to Chattels: Minor interference, defendant pays for actual damages or loss of use.
- Both require intent to interfere with property, not necessarily intent to cause harm.
- Destruction of property is typically conversion.
Memory trick: Land, Chattels, Conversion: Property's Protected Zones.