A property owner rents a car to a customer under a short-term rental agreement. The customer fails to return the car by the agreed-upon date. After multiple reminders, the customer continues to use the car for personal errands for several weeks without communicating with the owner. Several months later, the car is found abandoned and damaged beyond repair. What tort claim is the property owner MOST justified in pursuing?
The correct answer is 'conversion' because the customer's extensive, unauthorized possession and subsequent abandonment of the car caused substantial interference with the owner's property rights. This level of interference goes beyond what is typical in a trespass to chattels claim, which generally involves less significant use or damage. Although trespass to chattels might apply to the earlier unauthorized use, the totality of the customer’s actions transformed the case into conversion. Trespass to land is incorrect because it pertains to real property, not chattels. Finally, intentional infliction of emotional distress is inapplicable because the facts do not show conduct intended to cause emotional harm to the owner.
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What does 'conversion' mean in a legal context?
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How does 'trespass to chattels' differ from 'conversion'?
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Can a property owner recover damages for emotional distress in conversion cases?