Step into Episode 5 of the Study for the Bar in Your Car podcast, where your AI hosts, Claude and Ma, navigate the intricate world of intentional torts. Drawing directly from Angela’s meticulously compiled notes—the very foundation of this series, as Angela herself is deep in bar exam preparation—we dissect the often-confused but critically distinct torts of trespass to chattels and conversion.

This episode commences by solidifying your understanding of the foundational elements for any intentional tort: a volitional act by the defendant, their general intent (meaning they either desired the act's consequences or knew with substantial certainty they would occur, with mistake being no defense), and causation.

We then meticulously explore trespass to chattels, defined as an intentional interference with someone's personal property, or "chattels"—which are essentially any movable tangible items. Crucially, unlike some other intentional torts, trespass to chattels requires actual damages. Harmless intermeddling, such as merely touching a pen without causing loss of use or physical harm, is not sufficient. We illustrate this with scenarios like a scratched lawnmower or a hidden textbook, where measurable loss or deprivation of use clearly occurs.

Next, we elevate to conversion, a far more serious intentional tort often called the "forced sale". Conversion involves an intentional exercise of dominion or control over a chattel that so profoundly interferes with the owner's rights that the wrongdoer is justifiably required to pay its full value. Here, the intent is also merely to perform the interfering act, and again, mistake as to ownership offers no defense. We delve into the factors courts weigh to determine if an interference is severe enough to warrant conversion, including the extent and duration of control, the actor's intent to assert inconsistent rights, and the harm done to the chattel itself. Classic examples discussed include theft, wrongful transfer, wrongful detention, or substantially altering or destroying the chattel.

The remedy for conversion is particularly potent: the plaintiff is entitled to the fair market value of the chattel at the time of conversion, effectively forcing the defendant to "buy" the item. This contrasts sharply with trespass to chattels, where damages are typically limited to repair costs or compensation for lost use. You’ll also learn about "successive conversions," highlighting how liability can follow the chattel through multiple wrongful transfers.

This episode provides the precise insights necessary to distinguish these two critical torts and master their application for your bar exam. Ready to grasp the nuances that make all the difference? Tune in and subscribe to the Study for the Bar in Your Car podcast. Elevate your understanding of these foundational torts today!