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. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.
New Hampshire Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is an important legal concept that addresses the circumstances under which a demand is not necessary to establish a claim of conversion. Conversion refers to the wrongful act of taking or using someone else's property without their permission. In New Hampshire, there are different types of instructions that the jury receives to determine when a demand is not necessary in constituting conversion. One specific type of New Hampshire Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is the instruction that applies to situations where the defendant's actions clearly demonstrate an intent to permanently deprive the plaintiff of their property. In such cases, the court would instruct the jury that a demand is not necessary because the defendant's actions have already established the wrongful deprivation and ownership interference. Another type of instruction relates to situations where the plaintiff's property has been damaged or irreparably altered by the defendant's actions. In these cases, the court may provide an instruction stating that a demand is not required since the property has been significantly affected or rendered useless. Furthermore, there is an instruction that applies when the defendant's actions are willful or deliberate. In these instances, the court may instruct the jury that a demand is not necessary as the defendant's intentional conduct already substantiates conversion. In cases involving conversion of perishable goods, an instruction may be given stating that a demand is unnecessary due to the nature of the property. Perishable goods are susceptible to spoilage or decay, and in such instances, a prompt demand might not be practically feasible. It is important to note that the specific instructions provided to the jury may differ depending on the facts and circumstances of each case. The court, in its discretion, determines the appropriate instructions to guide the jury on when a demand is not necessary in constituting conversion. In summary, New Hampshire Instruction to Jury as to When Demand is not Necessary in Constituting Conversion covers various scenarios where a demand is not required to establish a claim of conversion. These instructions may include cases involving clear intent to permanently deprive, property damage or alteration, willful actions, or conversion of perishable goods. Each case is unique, and the court determines the specific instructions to be given based on the facts presented.
