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.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
Georgia Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion: Georgia recognizes the legal principle of conversion, which refers to the wrongful interference with another person's property rights. In order to establish a claim for conversion under Georgia law, it is essential for the plaintiff to demonstrate a property interest in the subject of the alleged conversion. When instructing the jury in a conversion case, a judge may provide the following relevant instructions: 1. Property Interest Requirement: The plaintiff must show that they have a legally protected property interest in the subject property. This property interest can arise from ownership, possession, or legal control. 2. Ownership as Property Interest: If the plaintiff is the rightful owner of the property, they automatically possess a property interest in it. However, if the plaintiff is not the owner, they must establish a possessor interest, such as rightful possession or control over the property. 3. Possessor Interest: A plaintiff may maintain an action for conversion if they can prove that they had actual possession or rightful control over the property at the time of the alleged conversion. Possession can be physical or constructive, where the plaintiff has the right to possess the property even if not physically present. 4. Legal Control: In certain circumstances, a plaintiff may establish a property interest in demonstrating legal control over the subject property. This can include cases where the plaintiff has a legal right to possess the property, even if they do not physically possess it. 5. Demonstrating Interference: The plaintiff must show that the defendant intentionally interfered with their property interest, depriving them of its possession or use. Interference can include acts such as wrongfully taking, damaging, or disposing of the property without the plaintiff's consent. 6. Conversion Damages: If the jury finds that the plaintiff has proven a property interest and that the defendant committed a conversion, the jury may award damages to compensate the plaintiff for the value of the property or any other losses they suffered as a result. These instructions clearly outline the essential elements of establishing a claim for conversion and help guide the jury's deliberations in determining liability. It is crucial for the jury to understand that a property interest is necessary to maintain an action for conversion under Georgia law. Different types of Georgia Instructions to Jury that Property Interest is Necessary to Maintain an Action for Conversion may vary depending on the specific circumstances and facts of the case. However, the fundamental requirement of establishing a property interest remains constant throughout. Other instructions may involve explaining the burden of proof, presenting evidence of ownership or control, and discussing potential defenses that the defendant may raise.
