Matthew Robinson and Joe Windler each authored a chapter in the Third Edition of the Minnesota Business Disputes: Claims and Remedies Deskbook published by the Minnesota CLE. The Business Disputes Deskbook is an essential resource for both business attorneys and business litigators.
For more information on the Deskbook, click here.
Conversion and Unjust Enrichment
Matthew Robinson authored chapter three, “Conversion and Unjust Enrichment.” This chapter will explore the tort of conversion, including its elements, as it has been interpreted by Minnesota courts. First, the various elements of the tort of conversion will be addressed, and cases interpreting those elements discussed. Next, defenses to a claim of conversion will be addressed, the measure of damages recoverable for conversion will be considered, and the statute of limitations will be set forth. This chapter will also cover conversion of negotiable instruments. Finally, the standard of proof for conversion claims will be discussed.
In addition, this chapter includes a short section on unjust enrichment, including a discussion of the elements.
Credit and Collection
Joe Windler authored chapter twelve, “Credit and Collection.” All Minnesota businesses and individuals face potential contractual, tort, and statutory liability when they extend credit or when they collect debts. Credit transactions are generally contractual in nature, of course, and risk and liability is apportioned between the parties to the transaction in the contract. However, credit transactions also present the possibility of other “tort-like” liability (primarily statutory liability under Minnesota and federal law), and that is the subject of this chapter.