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.
In Massachusetts, the Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a crucial legal concept that highlights the significance of actions surrounding possession and conversion. This instruction plays a critical role in cases involving conversion, a civil tort where personal property is wrongfully taken, damaged, or withheld by another party. When discussing this instruction, it is essential to understand its interpretation and implications within Massachusetts law. Massachusetts recognizes that refusal to return possession of property after a lawful demand can serve as prima facie evidence of conversion. Prima facie evidence is evidence that, if unchallenged, is sufficient to establish a fact or raise a presumption of a fact in question. In other words, a refusal to return possession can create a legal presumption that a defendant has converted the property. This instruction applies to various scenarios, including but not limited to: 1. Conversion of personal property: This instruction is commonly given in cases where an individual or entity wrongfully withholds possession of someone else's personal property. For example, if Person A lends an item to Person B and subsequently demands its return, but Person B refuses to comply, this refusal can be considered prima facie evidence of conversion. 2. Rental and lease agreements: In situations involving rental or lease agreements, this instruction can apply when a tenant fails to return the rented property or refuses to surrender possession after the lease or rental term has ended. The refusal to comply with the landlord's demand for return can constitute prima facie evidence of conversion. 3. Stolen property disputes: This instruction can also be utilized in cases concerning stolen property. If someone knowingly possesses stolen goods and, upon demand, refuses to return them, the refusal can be seen as prima facie evidence of conversion. It is important to note that the Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a legal guideline rather than an absolute rule. The jury is not bound by this instruction, and the defendant has the opportunity to present evidence and arguments to challenge the presumption of conversion created by the refusal of possession. In summary, the Massachusetts Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion holds great significance in cases involving the wrongful withholding of personal property. Its application extends to various scenarios such as conversion of personal property, rental disputes, and stolen property cases. Understanding this instruction is essential for both legal professionals and individuals involved in civil disputes in Massachusetts.
