Written by attorneys · grounded in primary & secondary sources — see below
An owner's legal authority to direct the use, management, and disposition of a chattel. This authority is interfered with when another person exercises dominion in a manner inconsistent with the owner's prerogatives.
Sources & Authorities· 6 sources
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Restatements
Hornbooks
How it applies
Common Examples
2
Borrowed Equipment Retained
Ryan Roberts lends his specialized camera to a colleague for a one-day shoot. The colleague decides to keep the camera for an extended project and refuses to return it, treating the equipment as his own for commercial use. The colleague's actions demonstrate an intent to exercise dominion inconsistent with Ryan's retained authority over the camera.
Prolonged Vehicle Detention
Rosalind Reed allows a friend to borrow her delivery van for a short errand. The friend keeps the van for three weeks, using it daily for his own business deliveries and ignoring repeated demands for its return. The extended period of unauthorized use substantially disrupts Rosalind's ability to manage and access her vehicle.
Put it into practice
Test Yourself
10
Practice Questions5
Common questions
Frequently Asked
2
What constitutes interference with a right of control over a chattel?+
Interference occurs when a person exercises dominion or control over the chattel in a manner inconsistent with the owner's authority. The intent to assert such inconsistent rights and the duration of the resulting interference are key factors in assessing the seriousness of the conduct.
Supporting sources
How does duration of interference affect claims involving rights of control?+
Longer periods of unauthorized control increase the extent of interference with the owner's authority. Courts consider both how long the actor exercised dominion and how long the owner was deprived of access when determining liability for conversion.
Supporting sources
Business Associations Agency and PartnershipAgency relationships · CreationUBEFoundational