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First Principles of Business Law |
| Liability in tort for wrongful conduct |
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4. Conversion |
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4.1. Excercising wrongful control of another's goods |
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Read the example below, and then answer the questions. On Monday, A sells a commercial freezer unit to B, the operator of a gelato outlet. A promises to transport the freezer to B's shop and agrees to accept payment within 30 days of delivery. But ten days later A has not delivered the freezer to B. B finds out that A sold and delivered the same freezer two days earlier to C, who wanted one in a hurry. A now promises to deliver a replacement freezer to B in two days time. |
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1. B claims the sale of the freezer to C was conversion of his property. Is he right? 2. A argues that even if conversion is established, B is not entitled to damages because B has been offered a replacement freezer. Is A right? 3. If A had not resold the freezer but, having agreed to accept payment within 30 days of delivery, then demanded payment before making delivery, would this amount to conversion of B's property? |
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