MBE Rules · Torts
Trespass to chattels vs. conversion
The rule
Trespass to chattels: intentional interference with possessory interest — damages = repair/use loss. Conversion: interference so substantial that justice requires defendant to pay full value (fair market value at conversion). Factors: extent of dominion, duration, harm, defendant's good faith.
In plain English
Trespass to chattels is when someone messes with your stuff but doesn't ruin it, so they owe you for any temporary loss or damage. Conversion is when they mess with it so badly that they have to pay for the whole thing.
Worked example
The defendant borrows a laptop without asking and returns it with a cracked screen. This is trespass to chattels, and they owe for the repair. If they lost the laptop, it's conversion, and they owe the full market value.
Memory hook
Tweak it, trespass. Take it, convert! Trespass to chattels = minor meddling. Conversion = major control, pay full value.
The trap
Students think: any interference = conversion. Wrong, because only substantial interference qualifies. The actual test is the extent and duration of control.
How examiners test it
The MBE loves: borrowed item, returned slightly damaged. Trap: students assume conversion. Actual answer: trespass to chattels unless damage or control is extensive.
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