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. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
New Jersey Instruction to Jury: "Demand for and Refusal of Possession as Prima Facie Evidence of Conversion" Introduction: In legal proceedings concerning conversion cases in New Jersey, the instruction to the jury regarding the significance of demand for possession and refusal serves as crucial evidence. This instruction emphasizes that, if established, the demand for an item's return by the rightful owner and the subsequent refusal by the defendant can be considered prima facie evidence of conversion. Below, we will discuss the details of this instruction and explore its relevance in different types of conversion cases. Overview of Conversion: Conversion refers to the act of intentionally depriving someone of their property without lawful justification. It involves wrongful possession, interference, or disposal of a person's belongings, leading to a substantial interference with their rights. In New Jersey, establishing the elements of conversion requires showing control or dominion over the property, the right to control the property, and the intentional exercise of that control to the exclusion of the true owner's rights. The Instruction: The New Jersey instruction to the jury regarding demand for and refusal of possession as prima facie evidence of conversion provides clear guidance to jurists in conversion cases. When the plaintiff claims that the defendant's actions amount to conversion, they must present evidence of a valid demand for the return of the property and the defendant's refusal to comply with this demand. The jury is then instructed to consider this evidence as prima facie proof of conversion by the defendant. Relevance in Different Types of Conversion Cases: 1. Tangible Property: In cases involving the conversion of tangible property, such as goods, vehicles, or personal belongings, the instruction is particularly relevant. If the rightful owner can demonstrate that they made a valid demand for the return of their property and the defendant refused to comply, this evidence strengthens their claim of conversion. The instruction provides juries with clear guidance on evaluating such scenarios and considering demand for and refusal of possession as significant evidence. 2. Real Estate: Apart from tangible property, conversion cases can also pertain to real estate. In these instances, the instruction to the jury regarding demand for and refusal of possession plays a slightly different role. Here, the plaintiff must establish that they made a formal demand for possession of the property, such as in cases involving trespassing or unauthorized use. If the defendant refuses to yield possession, the instruction aids the jury in recognizing this refusal as prima facie evidence of conversion. 3. Financial Assets: Conversion cases can extend to financial assets, such as money, bank accounts, or investments. In these situations, the instruction is invaluable in helping the jury understand the unique dynamics of converting intangible assets. If the plaintiff can demonstrate that they demanded the return of their financial asset and the defendant refused to comply, this instruction ensures the jury considers it as prima facie evidence of conversion. Conclusion: The New Jersey instruction to the jury regarding demand for and refusal of possession as prima facie evidence of conversion plays a significant role in guiding legal proceedings. By considering this evidence, jurors are equipped to evaluate the validity of a conversion claim and accurately determine the liability of the defendant. Whether involving tangible property, real estate, or financial assets, this instruction ensures fair and just outcomes for conversion cases in New Jersey courts.
