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.
Michigan Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In the state of Michigan, it is essential to understand that the unauthorized sale of personal property can be considered as conversion. Conversion refers to the wrongful interference with someone's personal property rights, resulting in the substantial deprivation or significant interference with the owner's possession or use of the property. In cases where an unauthorized sale of personal property has occurred, the plaintiff may seek legal recourse to recover damages. The instruction to the jury regarding the unauthorized sale of personal property as conversion includes the following key points: 1. Explanation of Conversion: The jury must understand that conversion involves the act of wrongfully disposing of or selling someone else's personal property without their permission. It disregards the owner's rights to possess, use, and control their belongings. 2. Essential Elements: The jury should be instructed that in order to establish conversion, certain essential elements must be proven. These elements typically include proving ownership or right to possess the property, unauthorized sale, and the defendant's intentional interference with the owner's rights. 3. Unauthorized Sale: The focus of the instruction lies on emphasizing that the unauthorized sale itself constitutes the act of conversion. The jury should be instructed that regardless of whether the defendant intended to permanently deprive the owner of their property or not, the sale without authorization is enough to establish conversion. 4. Damages: It is crucial for the jury to understand the potential damages that may arise from conversion cases involving unauthorized sales. The instruction should outline the different types of damages that can be sought, such as the fair market value of the property, loss of use, emotional distress, and any other consequential damages. Additional types of Michigan Instructions to Jury that Unauthorized Sale of Personal Property can Constitute Conversion may include specific instructions based on the nature of the case. For example: a. Instruction in Cases of Stolen Property: This instruction would address situations where the unauthorized sale of personal property occurred after it was stolen. It would emphasize that even if the property was obtained unlawfully, the subsequent sale still constitutes conversion. b. Instruction for Disputed Ownership Cases: In cases where ownership of the property itself is being contested, this instruction would provide guidance to the jury on how to determine ownership and establish conversion based on the unauthorized sale. In summary, Michigan Instructions to Jury regarding the unauthorized sale of personal property as conversion aim to educate and guide the jury in understanding the essential elements of conversion, the significance of unauthorized sales, and the potential damages that can be awarded in such cases. These instructions may vary depending on the specific circumstances presented in the case, such as stolen property or ownership disputes.
