A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Colorado Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal principle that forms part of Colorado's civil law. This instruction guides the jury in cases where a plaintiff accuses the defendant of conversion, which refers to the act of unlawfully taking or withholding possession of someone else's property. It is important to note that specific instructions may vary depending on the circumstances of individual cases. In Colorado, when a plaintiff claims conversion, they must prove several elements, one of which is the defendant's wrongful possession or control over the plaintiff's property. One way to establish this element is through a demand for possession. If the plaintiff has made a lawful demand for their property to be returned to them, and the defendant refuses to comply, it may serve as prima facie evidence of conversion. Prima facie evidence means that the jury may infer that the defendant indeed converted the plaintiff's property based on their refusal to comply with the demand for possession. The instruction emphasizes that this evidence alone is not conclusive proof of conversion, but it establishes a presumption that must be weighed alongside other evidence. There are different types of Colorado Instructions to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion, based on the specific circumstances of the case. Some possible variations may include: 1. Colorado Instruction to Jury for Conversion Claim, Prime Facial Evidence — General: This instruction provides a general overview of the prima facie evidence rule for conversion cases when a demand for possession is made and refused. It outlines the jury's duty to consider this evidence in the overall evaluation of the case. 2. Colorado Instruction to Jury for Conversion Claim, Specific Property: This variation focuses on cases where the plaintiff seeks to recover specific property that the defendant allegedly converted. It instructs the jury to evaluate whether a demand for possession was made for the particular property identified in the case. 3. Colorado Instruction to Jury for Conversion Claim, Intangible Property: In cases involving the alleged conversion of intangible property, such as intellectual property or contractual rights, this instruction provides guidance specific to those circumstances. It explains how a demand for possession may be made in relation to intangible property and the corresponding refusal as prima facie evidence of conversion. In conclusion, the Colorado Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a critical legal principle that assists the jury in determining whether conversion has occurred. It highlights the significance of a plaintiff's demand for possession and the defendant's refusal in establishing the elements of conversion, though it is important to remember that it does not serve as definitive proof. The specific instructions given to the jury will vary based on the facts and nature of the case, such as the type of property involved.
