Which factor is NOT considered when distinguishing conversion from trespass to chattels?

When distinguishing conversion from trespass to chattels, one critical aspect lies in the nature and degree of the interference with the chattel. The primary differentiators tend to focus on the level of harm done to the property and the intent or state of mind of the actor.

For instance, factors such as the duration and extent of the interference, the extent of harm to the chattel, and the good faith of the defendant are all relevant considerations. These factors inform whether the actions constitute a significant enough interference to rise to the level of conversion, which involves a serious deprivation of another's rights in the property, as opposed to a lesser interference that is classified as trespass to chattels.

However, the relationship between the parties is not a decisive factor in this analysis. While the relationship may influence other legal principles or liabilities, in the context of determining the nature of the interference—conversion versus trespass to chattels—it is the specific actions and their impacts on the chattel that are most pertinent, rather than the underlying relationship between the individuals involved. Thus, this relationship does not play a role in distinguishing between these two torts.