Colorado 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.

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FAQ

All that is required is that the defendant exercise control over the chattel in a manner inconsistent with the plaintiff's right of possession. The gist of a conversion is not the acquisition of the property by the wrongdoer, but the wrongful deprivation of another's property which the owner is entitled to possess.

Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.

The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.

Clearly, the physical handling of goods by taking, destroying or unjustifiably detaining them in defiance of the person entitled to them is conduct amounting to conversion, as is the transfer, or disposition, of goods without the authority to do so.

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.

A claim of civil theft is stated under Colorado law when a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a) intends to deprive the other person permanently of the use or benefit of the thing of value; or (b) knowingly uses, ...

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.

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