Question

Mohan lends his rare antique vase to his friend Sumit for a week. Instead of returning it, Sumit accidentally drops and shatters the vase while showing it to another friend. When Mohan asks for his vase to be returned, Sumit apologizes but says there is nothing he can do now that the vase is destroyed. Mohan decides to take legal action. Identify the legal claim he should pursue?

• A. He should file a claim for trespass to chattels because Sumit damaged the vase while it was in his possession.
• B. He should file a claim for trespass to chattels because Sumit used the vase without permission.
• C. He should file a claim for conversion because Sumit destroyed the vase, depriving him of its use permanently.
• D. He should file a claim for conversion because Sumit delayed returning the vase.

Hint:

Conversion involves permanent loss or destruction of property by someone who had possession but misused or damaged it.

Answer 1

The Correct Option is C

The legal claim applicable here is conversion, which occurs when a person wrongfully exercises control over someone else’s personal property, resulting in permanent deprivation. Even if Sumit did not intend to harm the vase, his careless handling caused its destruction. Since the damage is irreversible and Mohan is permanently deprived of his property, conversion applies.
Option (A) is incorrect — trespass to chattels is for temporary interference, not permanent destruction.
Option (B) is incorrect — Sumit had permission to use the vase.
Option (C) is correct — the destruction of the vase justifies a claim of conversion.
Option (D) is incorrect — delay alone doesn't amount to conversion without destruction or denial of ownership.