A trespass to personal property is the 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.
Title: Understanding New Hampshire Instruction to Jury That Plaintiff Is Under no Duty to Receive Back Property Introduction: New Hampshire Instruction to Jury that Plaintiff is Under no Duty to Receive Back Property is a legal guideline provided to the jury during civil trials in New Hampshire. This instruction explains that a plaintiff in a civil case is not required to receive back their property if it was wrongfully taken or retained by the defendant. In this article, we will delve into the details of this instruction, exploring its purpose, implications, and its related variations. 1. Explaining the New Hampshire Instruction to Jury that Plaintiff is Under no Duty to Receive Back Property: — This instruction, given by the judge, clarifies that a plaintiff is not obliged to physically take back their property from the defendant as a prerequisite for claiming damages or compensation. — The instruction emphasizes that the legal burden lies upon the defendant to return the property or compensate the plaintiff fully. The plaintiff's duty is merely to make a demand for the return of the property. 2. Key Points Addressed in the Instruction: — The instruction emphasizes that the plaintiff's focus should be on establishing the defendant's liability for the harm caused instead of actively seeking the physical return of the property. — It acknowledges that the return of the property might not be practicable in certain situations due to damage, alteration, or other factors. — The instruction highlights that the plaintiff should not be penalized or required to bear any burden due to the defendant's wrongful acquisition or retention of the property. 3. Implications of the Instruction: — This instruction ensures that plaintiffs are not discouraged from pursuing legal action due to the impracticality and potential risk associated with actively taking back the property. — It places the responsibility on the defendant to restore the plaintiff's rightful possession or provide appropriate compensation. — By relieving the plaintiff of the obligation to receive back their property, this instruction reduces the potential for heated confrontations or disputes during legal proceedings. Different Types of New Hampshire Instruction to Jury that Plaintiff Is Under no Duty to Receive Back Property: 1. Variation for Real Property: — This variation of the instruction specifically refers to cases involving real estate or land disputes. It emphasizes that the plaintiff need not physically regain possession of the property since it may not always be feasible or practical. — It highlights the importance of establishing the defendant's liability and determining fair compensation over attempting to reclaim the property. 2. Variation for Personal Property: — This variation addresses cases where personal property, such as vehicles, possessions, or movable assets, are wrongfully withheld or damaged. — It reiterates that the plaintiff should not be burdened with physically retrieving the property to seek legal redress, emphasizing that their primary focus should be on holding the defendant accountable. In conclusion, the New Hampshire Instruction to Jury that Plaintiff is Under no Duty to Receive Back Property clarifies the duties and responsibilities of the plaintiff during civil trials. By emphasizing that the plaintiff need not physically reclaim the property, this instruction ensures that the legal process remains focused on establishing liability and providing appropriate compensation to the plaintiff.
