AZ Common Law Causes of Action CONVERSION (2011)

• Jurisdiction: Arizona

CONVERSION

Elements

“Conversion is . . . an intentional exercise of dominion or 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.” Mobile Disc. Corp. v. Schumacher, 139 Ariz. 15, 17, 676 P.2d 649, 651 (App. Div. 2, 1983); see also Focal Point, Inc. v. U-Haul Co. of Ariz., Inc., 155 Ariz. 318, 319-20, 746 P.2d 488, 489-90 (Ariz. App. Div. 1 1986); RESTATEMENT (SECOND) OF TORTS § 222(A)(1).

Proof

“[A] bona fide purchaser of stolen commodities inherits title defeasible by none other than the rightful owner. S/he possesses a valid legal claim to the property which will be given full force and effect in a court of law. Even as against the true owner, moreover, the innocent purchaser may, upon loss or destruction of the illicit merchandise, be held liable in tort for conversion, and therefore has an interest in maintaining the property in an undamaged condition.” Butler v. Farmers Ins. Co. of Ariz., 126 Ariz. 371, 372-73, 616 P.2d 46, 47-48 (1980).

“Before plaintiff can recover in an action for the wrongful detention of its property it must show that it had a legal right to use the property and was in a position to use it and was prevented from such use only by the defendant’s wrongful detention.” John A. Artukovich & Sons, Inc. v. Reliance Truck Co., 126 Ariz. 246, 247-48, 614 P.2d 327, 328-29 (1980).

Conversion “requires conduct intended to affect property of another. The intent required is an intent to exercise a dominion or...