Arkansas Instruction to Jury Regarding Effect of Conversion of Part of Chattel

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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.


The term "chattel" refers to moveable items of property which are neither land nor permanently attached to land or a building. A chattel is personal property as distinguished from real property.

How to fill out Instruction To Jury Regarding Effect Of Conversion Of Part Of Chattel?

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FAQ

It does not matter if the defendant made a mistake. The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property. Punitive damages are also possible, because conversion is an intentional tort.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

The elements of conversion are as follows; a person, who takes your property, and deprives you of it. As the 4th Circuit Court of the United States said, ?Conversion involves an act of control or dominion over the property that seriously interferes with the owner's rights,? United States v. Stockton, 788 F.

The tort of conversion is the exercise of dominion over property in violation of the rights of the owner or the person entitled to possession. Grayson v. Bank of Little Rock, 334 Ark.

Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your private property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction. Severely damages or misuses your property.

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Arkansas Instruction to Jury Regarding Effect of Conversion of Part of Chattel