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. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.
Georgia Instruction to Jury as to When Demand is not Necessary in Constituting Conversion A detailed explanation of Georgia instruction to the jury regarding the circumstances where demand is not necessary in establishing conversion. In the legal context, conversion refers to the unlawful act of depriving someone of their personal property without their permission. The specific Georgia instruction to the jury delves into situations where the plaintiff does not need to make a formal demand before pursuing a conversion claim. Keywords: Georgia, instruction to jury, demand, conversion, detailed description, circumstances, unlawful act, personal property, permission, formal demand, pursuing, claim. Types of Georgia Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: 1. Direct Conversion: This type of conversion occurs when the defendant knowingly and intentionally takes control of the plaintiff's property without their consent. The Georgia instruction to the jury clarifies that in cases of direct conversion, the plaintiff does not need to make a demand for the return of the property before filing a lawsuit. The defendant's intentional and wrongful act alone establishes the claim for conversion. 2. Conversion by Disposal or Destruction: This type of conversion occurs when the defendant unlawfully disposes of or destroys the plaintiff's property without their permission. The Georgia instruction to the jury emphasizes that in cases of conversion by disposal or destruction, demand is not required prior to initiating a legal action. The act of disposing or destroying the property against the owner's rights is sufficient to establish the claim. 3. Conversion by Unauthorized Sale: This type of conversion occurs when the defendant sells the plaintiff's property without their consent. The Georgia instruction to the jury explains that if the plaintiff can demonstrate that the defendant sold the property without authorization, demand is not necessary before initiating legal proceedings for conversion. The unauthorized sale itself serves as evidence of the defendant's unlawful act. 4. Conversion by Excessive Use or Alteration: This type of conversion occurs when the defendant excessively uses or alters the plaintiff's property without their permission. The Georgia instruction to the jury advises that in cases where the defendant's actions result in significant damage or alteration to the property beyond what is reasonable or allowed, demand is not required to pursue a conversion claim. The extent of the defendant's unauthorized use or alteration is sufficient proof of the conversion. In summary, the Georgia instruction to the jury as to when demand is not necessary in constituting conversion encompasses various scenarios where the plaintiff can establish a claim without prior formal demand. These include direct conversion, conversion by disposal or destruction, conversion by unauthorized sale, and conversion by excessive use or alteration. Understanding these different types of conversion is crucial for both the plaintiff and the jury when evaluating a conversion case in Georgia.
