I have a suspicion that my torts professor is going to throw a conversion hypo related to the loss of a body part on the examination.
What is the case law on this? Off the bat, I assume that you would not have an actionable claim if you voluntarily surrendered a body part. But what if someone cuts your hair off while sleeping–conversion? (battery, obviously)
Make the argument for conversion…
http://en.wikipedia.org/wiki/Moore_v._Regents_of_the_University_of_California
I guess I’m confused because conversion wasn’t found in that case.
Law school exams require analysis. Just because a case decided something a certain way does not mean every court will find it that way. Not to mention, courts often change the law based on changes in time or because of a persuasive argument (granted they can only change the law if not bound by precedent from a higher court).
In your hypo, argue both conversion and battery. Also discuss trespass to chattels as an alternate possibility. Cite the case you listed and perhaps use it to support a conclusion that a conversion charge is unlikely to succeed, while a battery charge will probably succeed. Do not, however, completely skip conversion. You are being graded on your issue spotting AND analytical skills. Failure to spot a potential issue and analyze it will cost you points.
Absolutely. Bring up conversion.
You could say something like:
The plaintiff would argue that the taking of the plaintiff’s hair was conversion because [elements + exam facts].
The defendant would counter that it is not conversion because [elements + exam facts].