Oklahoma Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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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.

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FAQ

Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.

The elements required to plead a case of conversion under Florida law successfully are: The plaintiff's ownership or right to possession of the property; The defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and. Resulting damages.

The tort of conversion generally occurs where a person wrongfully refuses to relinquish property to which someone else has the right of possession and it can be established despite evidence that the defendant took or retained property based upon his mistaken belief that he had a right to possession, since malice is not ...

A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property. compensation for the value of the lost property.

Under California law, conversion is a civil cause of action that applies when a person unlawfully and without permission takes or interferes with your possession of your property. You can bring a claim for. recovery of the property, or. compensation for the value of the lost property.

Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it).

Oklahoma Uniform Jury Instructions (civil & criminal only) are also available on Lexis and Westlaw within the Oklahoma databases.

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Oklahoma Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion