California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
During a heated neighborhood dispute over a property line, Patricia, in a fit of rage, picked up a garden gnome belonging to her neighbor, David, and hurled it into David's backyard pond, causing it to shatter. David was upset by the destruction of his sentimental gnome. Which of the following torts has Patricia most likely committed?
- ATrespass to Land
- BIntentional Infliction of Emotional Distress
- CFalse Imprisonment
- DConversion
Show answer & explanationAnswer & explanation
Correct answer: D. Conversion
Conversion occurs when there is a serious intentional interference with the personal property of another, amounting to destruction or permanent deprivation of use. Shattering a sentimental garden gnome fits this description.
Why the other options are wrong
- A. Trespass to Land involves interference with real property, not personal property like a gnome.
- B. Intentional Infliction of Emotional Distress requires extreme and outrageous conduct causing severe emotional distress, which is not sufficiently demonstrated by the destruction of a gnome, however sentimental.
- C. False Imprisonment involves unlawful confinement of a person, which is irrelevant here.
Conversion (Torts)
An intentional tort involving a serious interference with the right of possession of personal property, amounting to the destruction or permanent deprivation of the owner's use.
- Requires intentional act.
- Serious interference with personal property.
- Owner is permanently deprived of property or its value.
Memory trick: Converting a gnome to rubble is a serious problem for the owner.