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.
Louisiana Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion: In Louisiana, when presenting a case for conversion, it is crucial to instruct the jury about the requirement of a property interest to maintain such an action. The jury should be informed that a property interest is necessary for a successful claim of conversion, wherein the defendant unlawfully exercises control or ownership over another person's property, resulting in the deprivation of the property owner's rights. Key elements to include in the instruction: 1. Definition of Conversion: The instruction should commence by defining conversion as the interference with the property rights of another person without proper authorization or justification, resulting in direct or indirect harm to the true owner. 2. Importance of a Property Interest: The instruction should emphasize that, to maintain an action for conversion, the plaintiff must possess a recognized property interest or right in the subject property. This could include ownership, possession, or any other legally protected interest. 3. Unlawful Control or Ownership: The instruction should highlight that the defendant's action must involve unauthorized control or ownership of the property. It must be clear to the jury that any act or omission by the defendant which intentionally or negligently disrupts the plaintiff's property rights may constitute conversion. 4. Deprivation of Rights: The instruction should explain that conversion occurs when the plaintiff is deprived of their property rights. This could involve the defendant's use, alteration, destruction, or improper disposal of the property, leading to economic losses or emotional distress suffered by the rightful owner. 5. Exception for Good Faith Purchasers: It is essential to inform the jury that the property interest requirement does not apply to individuals who have acquired the property in good faith, without knowledge of any defect in the plaintiff's title or rights. This exception limits liability only to parties who have knowingly and intentionally infringed upon the true owner's rights. Types of Louisiana Instructions to Jury that Property Interest is Necessary to Maintain an Action for Conversion: 1. Instruction to Jury — Elements of Conversion: This instruction outlines the essential elements required to prove a claim of conversion, including the necessity of a property interest, as described above. 2. Instruction to Jury — Evaluating the Plaintiff's Property Interest: This instruction focuses on educating the jury about different types of property interests recognized under Louisiana law. It provides guidance on how to evaluate and ascertain the existence and validity of the plaintiff's property interest in question. 3. Instruction to Jury — Defenses to Conversion based on Property Interest: This instruction instructs the jury on various defenses that might be raised by the defendant regarding the plaintiff's property interest. It clarifies situations where a property interest may be disputed or insufficient to establish conversion. 4. Instruction to Jury — Calculation of Damages in a Conversion Case: This instruction explains how to calculate damages in a conversion case when a property interest has been established. It assists the jury in determining the monetary value that will adequately compensate the plaintiff for the loss of their property interest. 5. Instruction to Jury — Burden of Proof on the Property Interest Requirement: This instruction addresses the burden placed on the plaintiff to prove the existence of a property interest to maintain an action for conversion. It clarifies that the plaintiff carries the responsibility of presenting sufficient evidence establishing his or her legal right to the subject property.
