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Therefore, the defendant's innocent reasons for the act cannot be used as an excuse. It does not matter if the defendant made a mistake. The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property. Punitive damages are also possible, because conversion is an intentional tort.
In most jurisdictions, the real property interest created by the contract will pass to the buyer's heirs, while the seller's personal property interest created by the contract will pass to the seller's estate. The State of New York does not recognize equitable conversion. In New York, as long as the buyer is without fault, the risk of loss ...
A very significant change to the Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage, community property, and other family law matters were removed from the Civil Code (at the suggestion of the California Law Revision Commission) and re-enacted in the form of a new Family Code. The California ...
Inverse condemnation is a legal concept and cause of action used by property owners when a governmental entity takes an action which damages or decreases the value of private property without obtaining ownership of the property through the use of eminent domain. Thus, unlike the typical eminent domain case, the property owner is the plaintiff ...
California Insurance Commissioner Ricardo Lara is telling residents whose homes or businesses were damaged or destroyed by wildfires this week to not sign anything right away -- to be a little ...
Trover (/ ˈ t r oʊ v ər / [1]) is a form of lawsuit in common law jurisdictions for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin).
The court then looked at the policy behind having Moore's cells considered property. Because conversion of property is a strict liability tort, the court feared that extending property rights to include organs would have a chilling effect on medical research. Laboratories doing research receive a large volume of medical samples and cannot be ...
The state parks department acquired the motel in 2001 and had plans to restore about 20 cabins for public use. The department confirmed in a news release that the Palisades Fire had destroyed the ...