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.
North Dakota Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In North Dakota, the unauthorized sale of personal property can be deemed as conversion, which is a civil wrong. Conversion occurs when someone unlawfully takes or sells another person's property without their permission, interfering with their possessor rights. This instruction to the jury aims to provide guidance on how to consider unauthorized sales of personal property as potential conversion cases. Keywords: North Dakota, instruction to jury, unauthorized sale, personal property, conversion, civil wrong, possessor rights, guidance, potential conversion cases. Types of North Dakota Instructions to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: 1. Elements of Conversion: This instruction explains the essential elements of conversion, stating that the unauthorized sale of personal property satisfies these elements if proven by the plaintiff. It may include elements like ownership or right to possess, interference with possession, intent, and damages. 2. Factors to Consider: This type of instruction provides the jury with a list of factors to consider when determining whether the unauthorized sale constitutes conversion. These factors may include the nature of the property, the defendant's knowledge of the unauthorized sale, the value of the property, the plaintiff's efforts to recover the property, and any applicable laws or regulations. 3. Burden of Proof: This instruction focuses on the burden of proof placed on the plaintiff in a conversion case involving unauthorized sale of personal property. It instructs the jury to evaluate the evidence presented and determine if the plaintiff has met the required burden of proving the unauthorized sale and its conversion implications. 4. Defenses: This instruction outlines possible defenses that the defendant may present, which could negate the conversion claim. These defenses may include lack of intent, valid ownership or possession, consent, mistake, mistake of identity, or other justifications deemed relevant under North Dakota law. 5. Damages: This instruction provides guidance on the calculation of damages in conversion cases involving unauthorized sale of personal property. It may specify types of damages that can be awarded, such as actual damages, punitive damages, or restitution, based on the facts of the case and applicable laws. Keywords: North Dakota, instructions to jury, unauthorized sale, personal property, conversion, elements, factors to consider, burden of proof, defenses, damages.
