California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
During a heated neighborhood dispute over a property line, Patricia, in a fit of rage, picked up her neighbor's expensive, antique garden gnome and threw it over the fence, causing it to shatter into pieces. The neighbor sued Patricia. For which intentional tort is Patricia most likely liable?
- AAssault, because her actions caused fear in the neighbor.
- BTrespass to chattels, because she interfered with the gnome.
- CConversion, because she substantially interfered with the gnome, depriving the owner of its use.
- DBattery, because she touched the gnome without consent.
Show answer & explanationAnswer & explanation
Correct answer: C. Conversion, because she substantially interfered with the gnome, depriving the owner of its use.
Conversion occurs when a defendant intentionally exercises dominion and control over a chattel that is so serious that it justifies requiring the defendant to pay the chattel's full value. Shattering the gnome constitutes such a serious interference.
Why the other options are wrong
- A. Assault protects against apprehension of harmful contact to a person, not damage to property.
- B. While trespass to chattels involves interference, the destruction of the gnome is a sufficiently serious interference to constitute conversion, which allows for recovery of the full value.
- D. Battery involves harmful or offensive contact to a person, not inanimate objects.
Conversion (Torts)
An intentional tort consisting of a serious interference with the possessory rights of another in their personal property, such that the defendant is justly required to pay the full value of the property.
- Intentional exercise of dominion and control.
- Over the chattel of another.
- Interference must be so serious as to justify full value payment.
Memory trick: Conversion converts your property to my problem (and my bill).