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.
Hawaii Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal concept that pertains to the elements required to establish a claim of conversion without the need for a formal demand. Conversion refers to the unauthorized control or ownership of another person's property, depriving them of their right to possess or use it. In Hawaii, there are specific situations where a demand is considered unnecessary in proving a conversion case. One type of Hawaii Instruction to Jury as to When Demand is not Necessary in Constituting Conversion involves situations where the defendant's conduct clearly shows an intent to permanently deprive the owner of their property. In such cases, the plaintiff does not need to make a demand for the return of the property before filing a lawsuit for conversion. The evidence presented during the trial should indicate that the defendant's actions were deliberate, and they had no intention of returning the property to its rightful owner. Another type of Hawaii Instruction to Jury as to When Demand is not Necessary in Constituting Conversion may focus on situations where the defendant's possession or control of the property has caused significant harm or financial loss to the plaintiff. If the evidence establishes that the defendant's actions resulted in substantial damage or loss, a demand may not be necessary for the conversion claim. The harm suffered by the plaintiff, either in terms of financial loss or emotional distress, can be a key factor in determining the necessity of a demand. Moreover, Hawaii Instruction to Jury as to When Demand is not Necessary in Constituting Conversion might also cover cases where the defendant's conduct exhibits bad faith or malicious intent. If the evidence clearly demonstrates that the defendant acted with fraudulent intentions, an instruction may be given to the jury specifying that no demand is required for a conversion claim. Intentional misconduct, deceit, or fraudulent behavior can be important factors in deciding whether a demand should be necessary. In summary, Hawaii Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal principle applied in specific circumstances where the defendant's conduct shows a clear intent to permanently deprive the owner of their property, there has been significant harm or financial loss caused by the defendant, or their actions demonstrate bad faith or malicious intent. These instructions guide the jury in determining the necessary elements for a conversion claim without the need for a formal demand.
