D. Defenses

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

D. Defenses

Defenses to an action for conversion include equitable estoppel,³³ intentional abandonment by the plaintiff of ownership and right of possession of the property,³⁴ consent of the plaintiff,³⁵ an illegal act or possession by the plaintiff,³⁶ authorization or privilege, and preemption.³⁷ It is also a defense that the plaintiff's possession was gained from the defendant by fraudulent means.

The applicable statute of limitations for conversion is six years for actions arising prior to April 15, 1988, and three years for those arising on or after that date.³⁸ Conversion occurs:

... as of the date of illegal possession, but in the case of lawful possession and lawful disposition, conversion occurs at the disposition, and in the case of a lawful possession with no disposition, conversion occurs after a demand has been made for the property, and there is a refusal to surrender such property.³⁹

Contributory negligence is not a defense to an action for conversion.⁴⁰ The economic loss rule did not bar a conversion action where the plaintiffs challenged the validity of the contract at issue because where no valid contract exists between parties, the economic loss rule does not apply.⁴¹

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Notes:

^[33] Williams-Garrett v. Murphy, 106 F. Supp. 2d 834 (D.S.C. 2000).

^[34] See, e.g., Kirby v. Horne Motor Co., 295 S.C. 7, 366 S.E.2d 259 (Ct. App...