6 octobre 2022
Break down Legal Definition
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To analyze, dissect, disassemble means to divide a complex whole into its parts or elements. Analyze suggests separating or distinguishing the components of something (such as a substance, a process, a situation) in order to discover its true nature or inner relationships. The dissection of the collected data suggests a research analysis by exposing parts or pieces for individual examination. Commentators have dissected every piece of discourse involving a reduction to simpler parts or subdivisions. Breakdown of the budget – also irremediable breakdown of the marriage, irremediable breakdown called « irremediable breakdown of the marriage ». Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/irretrievable%20breakdown%20of%20the%20marriage. Retrieved 6 October 2022. A thief, intruder or bail officer may be guilty of conversion because the prosecution can be upheld, whether or not the property was acquired legally from the outset. For example, a dry cleaner who accidentally delivers a suit to the wrong customer rebuilt it.
Moving a person`s property without their permission can be a transformation if the inconvenience is significant: for example, having someone tow the car to take the parking lot. Unauthorized use is a conversion – for example, a mechanic who borrows a sports car without repair permission. Abuse of property can also be a transformation. If a neighbor lends his hedge trimmer to a friend, it is a transformation for the friend to use the hedge trimmer to cut down a tree. CONVERSION. Crimes. the filming or unlawful use of someone else`s personal belongings for use by the client or any person other than the owner; or the unlawful destruction or alteration of their nature. Bull. N. p.
44; 6. Fair 20; 14 Select. 356; 3 Brod. & Bing. 2; Cro. Eliz. 219 12 Mod 519; 5 Fair 104; 6 Shepl. 382; History, Bailm. § 188, 269, 306; 6. Fair 422; 2 B. & P. 488; 3 B.
& Ald. 702; 11 M. & W. 363; 8 Mockery. 237; 4 Mockery. 24. 2. If one party wrongly removes or takes back the right to property belonging to another, this will usually be sufficient proof of conversion, but if the initial withdrawal was legal, as if the party had found the goods, and the detention is only illegal, it is absolutely necessary to demand a claim for the goods, and there must be a refusal to deliver them before the conversion is complete. 1 chap. Pr.
566; 2 hours. 47 e, Note 1 chap. Pl. 179; Ferry. From. Trover, B 1 Com. Dig. 439; 3 Com. Dig.
142; 1 VIN. From. 236; Jew 174, n.; 2 East, R. 405; 6 East, R. 540; 4 Mockery. 799 5 Barn. & Cr. 146; S. C. 11 Eng.
C. L. Rep. 185; 3 Bl. Com. 152; 3 Bouv. Inst. n.
3522, et seq. The refusal of a servant to deliver the goods entrusted to him by his master is not proof of conversion by his master. 5 hills, 455. 3. The unlawful expropriation of property is in itself a conversion.15 John Section 431 and any interference with or exercise of dominion over it, the violation of the owner`s rule or the nature of bail constitute proof of conversion. 1 Nott & McCord, R. 592; 2 Mass. R. 398; 1 Har.
and John. 519; 7 John R. 254; 10 John R. 172 14 John. R. 128; Cro. Eliz. 219; 2.
Johannes Cas. 411. Empty Trover. The first cases that allowed a conversion lawsuit were based on allegations that the plaintiff owned certain personal property and then casually lost it and the defendant found it and did not return it, but « converted it for its own use. » This phrase was taken up, and it gave a name to a crime that was originally a kind of action on the case, a form of intrusion. Over time, the plea that the plaintiff had lost his property and the defendant had found it was considered a legal fiction (that is, in the case, it was decided as if the plea was true and did not need to be proven). The defendant could not deny the allegations, but could only respond to the allegation that the plaintiff had the right to possess the goods and that he had refused to return them to the plaintiff. Powered by Black`s Law Dictionary, Free 2nd ed. and The Law Dictionary. It is also a crime under English law, if it is fraudulent, under the Theft Act 1968. Any unauthorized act that deprives an owner of personal property without his consent.
Today, the word transformation still applies to the removal or illegal use of someone else`s property. The nature of the property that can be converted is determined by the initial nature of the means. It must be personal property, as real estate cannot be lost and then found. It must be tangible, such as money, an animal, furniture, tools or receipts. Crops or wood can undergo transformation after soil separation. Rights on paper – such as a life insurance policy, a share certificate or a promissory note – can be converted by a person who owns the paper. n. a civil injustice (misdemeanor) in which someone else`s property is converted into its own use, which is a sophisticated way of saying « stealing. » Processing involves processing the goods of a person other than his own, keeping the goods that accidentally fall into the hands of the processor (customer) or deliberately giving the impression that the assets belong to him. This gives the true owner the right to sue his own property or the value and loss of use of it and to contact law enforcement, as conversion usually involves the crime of theft. (See: Flight) TRANSFORMATION, in justice, The contemplation of one thing transformed into another; For example, land is considered converted into money and treated as such by an equity court if the owner has entered into a contract for the sale of his estate, in which case, if he dies before the transfer, his executors and not his heirs are entitled to the money. 2Vern. 52; S., C.
3 Chan. R. 217; 1 B1 Rep. 129. On the other hand, money is converted into land in various ways, for example when a man agrees to buy land and dies before receiving the transfer, the money he should pay is considered converted into land and goes down to the heir. 1 p. Wms. 176 2 Vern.
227 10 p. 563; Bouv. Index inst., h.t. The failure of a relationship or communication, or a failure of a system of authority due to a widespread violation of the rules. The author converts the property into his own use and excludes the owner from use and enjoyment. English common law recognized such an act as illegal from the beginning and allowed Trover to be sued in the mid-fifteenth century to compensate the injured owner.
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