Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Wednesday, September 23, 2009

Proving a conversion claim in Texas (as to personal property)

HOW DO YOU ESTABLISH THE ELEMENTS OF TEXAS COMMON-LAW CONVERSION CLAIM? "To prove a claim for personal property-conversion, a plaintiff must show that: (1) the plaintiff owned or legally possessed the property or was entitled to its possession; (2) the defendant unlawfully and without authorization assumed and exercised dominion and control over the property to the exclusion of, or inconsistent with, the plaintiff's ownership rights; (3) the plaintiff demanded the property's return; and (4) the defendant refused to return it." Small v. Small, 216 S.W.3d 872, 877 (Tex. App.-Beaumont 2007, pet. denied). ). SOURCE: 09-08-00433-CV (8/27/09) (Beaumont Court of Appeals) RELATED CAUSE OF ACTION: STATUTORY CAUSES OF ACTION FOR CIVIL THEFT: TEXAS THEFT LIABILITY ACT