From: Robert Stevens <robert.stevens@ucl.ac.uk>
To: Morgan P. <Phillip.Morgan@soton.ac.uk>
CC: Andrew Tettenborn <a.m.tettenborn@exeter.ac.uk>
Robert Stevens <robert.stevens@ucl.ac.uk>
William Swadling <william.swadling@law.ox.ac.uk>
obligations@uwo.ca
Date: 24/02/2010 13:10:55 UTC
Subject: RE: Conversion with a human face





> Surely also as a tort of strict liability,

> the intention of the defendant is irrelevant?


It is both a tort of strict liability and a tort which requires the

claimant to show that the defendant acted intentionally with respect to

the goods. If I unintentionally, but negligently, destroy your car I do

not commit conversion. If I intentionally but blamelessly destroy your car

(eg because I reasonably thought it mine) I have converted it.


Intention to cause harm, or to commit a wrong is, of course, irrelevant.

Rob


--

Robert Stevens

Professor of Commercial Law

University College London