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18. In a suit for conversion by the homeowner against the neighbor, will the homeowner recover?
A neighbor, who lived next door to a homeowner, went into the homeowner's garage without permission and borrowed the homeowner's chainsaw. The neighbor used the saw to clear broken branches from the trees on the neighbor's own property. After he had finished, the neighbor noticed several broken branches on the homeowner's trees that were in danger of falling on the homeowner's roof. While the neighbor was cutting the homeowner's branches, the saw broke.
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A is incorrect. The remedy for conversion is always the fair market value of the property at the time of conversion. If the neighbor had not broken the saw, the claim would have only been for trespass to chattels, which would have entitled the homeowner to actual damages, not market value.
C is incorrect. When the neighbor broke the saw, the neighbor became liable to the homeowner for the market value of the saw before the conversion. It is irrelevant that, at the time the saw broke, the neighbor was cutting branches from the homeowner's trees.
D is incorrect. The neighbor took the saw without permission, which was a trespass to chattels.