Missouri Instruction to Jury Regarding Effect of Conversion of Part of Chattel

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Description

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.


The term "chattel" refers to moveable items of property which are neither land nor permanently attached to land or a building. A chattel is personal property as distinguished from real property.

How to fill out Instruction To Jury Regarding Effect Of Conversion Of Part Of Chattel?

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FAQ

Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.

Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property. compensation for the value of the lost property.

Conversion also known as trover consists in willfully and without any justification dealing in goods in such a manner that another person, who is entitled to immediate use and possession of the same is deprived of that. It is dealing with the goods in a manner it is inconsistent with the right of the owner.

The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.

For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

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Missouri Instruction to Jury Regarding Effect of Conversion of Part of Chattel