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.
New Mexico Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In the state of New Mexico, the unauthorized sale of personal property can be deemed as a conversion, which is a legal term used to describe the wrongful interference with another person's property rights. This instruction to the jury provides guidance on what constitutes conversion in relation to the unauthorized sale of personal property. Keywords: New Mexico, unauthorized sale, personal property, conversion, jury instruction Types of New Mexico Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: 1. Instruction on Elements of Conversion: This type of instruction outlines the essential elements that must be proven to establish a claim of conversion based on the unauthorized sale of personal property. It may include elements such as the ownership or possessor rights of the plaintiff, the intentional or unauthorized sale by the defendant, and the resulting interference with the plaintiff's property rights. 2. Instruction on Damages for Conversion: This type of instruction focuses on the damages that may be awarded if the jury finds the defendant liable for conversion due to the unauthorized sale of personal property. It may cover the different types of damages available, such as actual damages (compensation for the value of the property), consequential damages (losses caused by the conversion), and potentially punitive damages (to punish the defendant for their conduct). 3. Instruction on Defenses to Conversion: This type of instruction informs the jury about potential defenses that the defendant may raise to counter a claim of conversion based on unauthorized sale of personal property. It could include defenses such as consent or authorization from the plaintiff, a good faith belief in the right to sell, and any other relevant legal defenses recognized in New Mexico. 4. Instruction on the Measure of Conversion: This type of instruction guides the jury on how to determine the measure of damages in a conversion case involving unauthorized sale of personal property. It may explain the different factors to consider when quantifying damages, such as the fair market value of the property, the condition of the property at the time of conversion, and any other relevant considerations unique to the case at hand. By providing these various instructions, the jury is properly informed about the legal standards and principles that govern claims of conversion arising from the unauthorized sale of personal property in New Mexico.
