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Distinguishing conversion vs trespass to chattels

I seem to keep missing these on the Barbri q's when the prop...
pocket 8's  07/23/09
I think it has to be damaged near the point of being worthle...
Martini  07/23/09
I thought so too, but Barbri has had some where 30% of prope...
pocket 8's  07/23/09
yeah, and that Q where the person drove it for 3000 miles an...
.,....,.,,,.,...,,  07/23/09
FUCK that q, nfw the barbri answer was right.
shishigami  07/23/09
I have had that same impression re Barbri's answers on some ...
pocket 8's  07/23/09
Yeah I thought that was bullshit too. That messed with my e...
tulaniak  07/24/09
Stolen=Conversion. Unusable=Conversion. It has to be so fuck...
Man Dies After Secret 4-Year Battle With Gorilla  07/23/09
So I should just disregard the barbri explanations? I kid yo...
pocket 8's  07/23/09
No. that poster is incorrect. The laptop example is right...
maybeiamu  07/23/09
Thanks, dood.
pocket 8's  07/23/09
"Stolen=Conversion. Unusable=Conversion." Corre...
maybeiamu  07/23/09
Correct. i did a sewing machine problem with $400 in damage...
Poaster who doesn't like it when u say the N-word  07/23/09
Ask yourself: would I want that shit back, even if they offe...
maybeiamu  07/23/09
Per PMBR: "Difference between trespass to chattels a...
maybeiamu  07/23/09
I found PMBR's illustrations (examples) very helpful re: con...
pellanor  07/23/09


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Reply

Date: July 23rd, 2009 9:06 PM
Author: pocket 8's

I seem to keep missing these on the Barbri q's when the property is damaged but not destroyed. Any good rule of thumb to tell the difference? Some percentage of damage that equals a conversion? Thanks.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328791)



Reply

Date: July 23rd, 2009 9:07 PM
Author: Martini

I think it has to be damaged near the point of being worthless.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328801)



Reply

Date: July 23rd, 2009 9:08 PM
Author: pocket 8's

I thought so too, but Barbri has had some where 30% of property value to repair, and they call it conversion.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328810)



Reply

Date: July 23rd, 2009 9:15 PM
Author: .,....,.,,,.,...,,

yeah, and that Q where the person drove it for 3000 miles and it was conversion was bullshit too i suspect

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328894)



Reply

Date: July 23rd, 2009 10:05 PM
Author: shishigami

FUCK that q, nfw the barbri answer was right.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12329424)



Reply

Date: July 23rd, 2009 10:11 PM
Author: pocket 8's

I have had that same impression re Barbri's answers on some other more subjective areas of law. Mainly shit like whether there was state action, whether X would forsee Y, etc. There are also a few evidence questions where I'm sure you could get a statement in under motive, notice, etc--but barbri just calls it hearsay not subject to exception.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12329514)



Reply

Date: July 24th, 2009 12:53 AM
Author: tulaniak

Yeah I thought that was bullshit too. That messed with my entire fucking understanding of the concept. Car was returned fine, with 300 miles on it. Conversion? Fuck that.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12331843)



Reply

Date: July 23rd, 2009 9:08 PM
Author: Man Dies After Secret 4-Year Battle With Gorilla

Stolen=Conversion. Unusable=Conversion. It has to be so fucked up that no amount of repair makes it usable.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328811)



Reply

Date: July 23rd, 2009 9:10 PM
Author: pocket 8's

So I should just disregard the barbri explanations? I kid you not, they have a question called some $1K laptop with $400 in damage conversion.

I am praying that on the real test they'll be like 80% loss in value b/c of damage.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328827)



Reply

Date: July 23rd, 2009 9:12 PM
Author: maybeiamu

No. that poster is incorrect. The laptop example is right.

Just think about it dude. You can pay $400 to fix my laptop, but I sure as fuck don't want it back = Conversion.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328856)



Reply

Date: July 23rd, 2009 9:13 PM
Author: pocket 8's

Thanks, dood.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328874)



Reply

Date: July 23rd, 2009 9:12 PM
Author: maybeiamu

"Stolen=Conversion. Unusable=Conversion."

Correct.

"It has to be so fucked up that no amount of repair makes it usable."

Overstatement

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328861)



Reply

Date: July 23rd, 2009 9:14 PM
Author: Poaster who doesn't like it when u say the N-word

Correct. i did a sewing machine problem with $400 in damage and it was worth $1k. BarBri called it conversion. I was using a 50% rule in my mind until that tripped me up.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328881)



Reply

Date: July 23rd, 2009 9:09 PM
Author: maybeiamu

Ask yourself: would I want that shit back, even if they offer to pay most of the value to "fix" it?

If the answer is no: conversion - give me FMV, biotch.

If the answer is yes: trespass - pay to fix it, biotch.

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328822)



Reply

Date: July 23rd, 2009 9:19 PM
Author: maybeiamu

Per PMBR:

"Difference between trespass to chattels and conversion is one of degree. The seriousness of the interference determines which tort to apply. Conversional is an intentional exercise of dominion or control over a chattel which SERIOUSLY INTERFERES with the right of another to control it."

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328919)



Reply

Date: July 23rd, 2009 9:22 PM
Author: pellanor

I found PMBR's illustrations (examples) very helpful re: conversion/trespass to chattel

(http://www.autoadmit.com/thread.php?thread_id=1048709&forum_id=2#12328946)