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.
In New Hampshire, there is an important legal concept known as the "Unauthorized Sale of Personal Property," which can potentially give rise to a claim of conversion. Conversion refers to the wrongful exercise of control over someone else's personal property, denying the owner of their rights. An instruction to the jury regarding the Unauthorized Sale of Personal Property in New Hampshire entails providing detailed guidance concerning this legal principle. This instruction educates the jury about the circumstances under which the unauthorized sale of personal property can constitute conversion, helping them assess the merits of a particular case. When providing a New Hampshire Instruction to Jury in a conversion case involving unauthorized sale of personal property, the following keywords and points may be considered: 1. Conversion: Explain the meaning of conversion as the wrongful act of exercising control over another person's property, interfering with their ownership rights. 2. Personal Property: Clarify that personal property refers to movable items that individuals own, such as vehicles, electronics, jewelry, or any other tangible assets except real estate. 3. Unauthorized Sale: Define unauthorized sale as the act of selling personal property without proper consent, authorization, or legal right to do so. 4. Ownership Rights: Emphasize that ownership rights over personal property include the right to possess, use, transfer, and dispose of the property as the owner sees fit. 5. Interference: Highlight that an unauthorized sale interferes with the owner's rights by unauthorized transferring ownership, diminishing the value of the property, or causing financial loss. 6. Intent: Explain that conversion does not require intentional wrongdoing, but rather encompasses any act that results in control or possession of property inconsistent with the owner's rights. 7. Good Faith Defense: Mention that New Hampshire recognizes a good faith defense, meaning that if the defendant believed in good faith that they had proper ownership rights or authorization to sell the property, it may be considered a defense against a claim of conversion. Different types of New Hampshire Instructions to Jury regarding the Unauthorized Sale of Personal Property that can constitute conversion may include variations based on the specific facts and circumstances of each case. However, the underlying principle remains the same — explaining the essential elements of conversion and providing guidance to aid the jury in rendering a fair and just verdict.
