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Nelson Borrowed a Computer, Free of Charge, from Compu- Rent

Question 12

Multiple Choice

Nelson borrowed a computer, free of charge, from Compu- Rent Inc. After Nelson became bankrupt, his trustee in bankruptcy took control of everything that she found on Nelson's premises, including the computer. Compu- Rent has demanded possession of the computer, but the trustee in bankruptcy has refused. Compu- Rent therefore claims that the trustee has committed a tort. Which of the following statements is TRUE?


A) If the trustee in bankruptcy has committed the tort of conversion against the computer, it will likely be treated as if she had purchased the thing.
B) If Compu- Rent asks for a right of recaption, the court will order the trustee in bankruptcy to return the computer to the plaintiff.
C) The trustee in bankruptcy automatically committed the tort of conversion as soon as she touched the computer.
D) The trustee in bankruptcy is not liable for conversion unless she claims that she personally owns the computer.
E) If Compu- Rent sues for the tort of trespass to chattels, a judge will almost certainly order the trustee in bankruptcy to return the computer to the plaintiff.

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