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 York Instruction to Jury as to When Demand is not Necessary in Constituting Conversion In New York, conversion refers to the wrongful exercise of dominion or control over someone else's personal property. It occurs when an individual intentionally interferes with the rights of the owner by using, selling, damaging, or otherwise disposing of the property without authorization. When it comes to conversion cases, the instruction to the jury regarding the necessity of making a demand before pursuing legal action becomes significant. This instruction helps to clarify the circumstances under which a demand for the return of the property is not required for a successful conversion claim. Here are some essential points to consider in an instruction to the jury regarding when a demand is not necessary in constituting conversion: 1. Absence of possession: When the defendant wrongfully acquires possession of another person's property and refuses to return it, a demand is not necessary. In such cases, the owner does not need to make an additional demand for the property's return before filing a conversion claim. 2. Unconditional refusal: A demand is not necessary when the defendant unconditionally refuses to return the property upon the owner's request. If the defendant explicitly rejects the demand or states that they have no intention of returning the property whatsoever, the owner can proceed with a conversion claim without requiring an additional demand. 3. Futility of demand: A demand is not necessary if it would be futile due to the defendant's known disregard for the owner's rights or their past actions. If the defendant has a history of wrongful conduct or a clear intent to deprive the owner of their property, making a demand would serve no purpose and is not required in constituting conversion. Different types of New York Instruction to Jury as to When Demand is not Necessary in Constituting Conversion may include: 1. Instruction for cases with clear possession: This instruction is appropriate when the defendant has wrongfully acquired and possesses the owner's property. It clarifies that a demand is not necessary in such scenarios. 2. Instruction for cases involving explicit refusals: This instruction addresses cases where the defendant explicitly refuses to return the property, irrespective of any demand. It highlights that the owner can proceed with a conversion claim without having to make an additional demand. 3. Instruction for cases with history of wrongful conduct: This instruction is relevant when the defendant has a known history of disregarding the owner's rights or has previously engaged in similar acts of conversion. It emphasizes that making a demand would be futile, and thus, not necessary. By providing clear and concise instructions to the jury regarding when a demand is not necessary in constituting conversion, the court ensures a fair and accurate assessment of the case, enabling justice to be served effectively.
