Restatement (Second) of Torts sec. 223
REST 2d TORTS s 223
Restatement (Second) of Torts s 223 (1963-1964 Main Vol.)
Restatement of the Law Second
Division 1. Intentional Harms to Persons, Land, and Chattels
Chapter 9. Intentional Invasions of Interests in the Present and Future
Possession of Chattels
Topic 2. Conversion
Copyright (c) 1965 The American Law Institute
s 223. WAYS OF COMMITTING CONVERSION
A conversion may be committed by intentionally
(a) dispossessing another of a chattel as stated in ss 221 and 222;
(b) destroying or altering a chattel as stated in s 226;
(c) using a chattel as stated in ss 227 and 228;
(d) receiving a chattel as stated in ss 229 and 231;
(e) disposing of a chattel as stated in s 233;
(f) misdelivering a chattel as stated in ss 234 and 235;
(g) refusing to surrender a chattel as stated in ss 237-241.
See Reporter's Notes.
a. This Section sets forth the several ways in which an act of conversion may be committed. It is merely an index of other Sections in which the rules are stated.
This Section should be read together with s 222 A, under which any of the types of conduct listed in this Section is a conversion only if it amounts to an intentional exercise of dominion or control over the chattel, and so seriously interferes with another's right of control as to make it just to require the actor to pay the full value of the chattel. This Section is not intended to state that any conduct is necessarily a conversion, but only that it may be.
This Section does not purport to state the conditions under which the conduct subjects the actor to liability, which are covered in ss 225-242. The conditions under which the conduct may be privileged are stated in Chapter 10.
b. Necessity of intent. Conversion is always an intentional exercise of dominion or control over the chattel. Mere non-feasance or negligence, without such an intent, is not sufficient for conversion. (See s 224.) If the actor has the intent to do the act exercising dominion or control, however, he is not relieved from liability by his mistaken belief that he has possession of the chattel or the right to possession, or that he is privileged to act. (See s 244.)
REST 2d TORTS s 223