South Carolina Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion

• Category: Civil Procedure - Jury Instructions - Conversions
• State: Multi-State
• Control #: US-01358BG
• Format: Word; Rich Text

Description

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.

A detailed description of South Carolina Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion: In South Carolina, when a party refuses to deliver goods after a demand has been made and freight and storage charges have been tendered, this action may be considered as conversion. Conversion refers to the unauthorized and wrongful dealing with another's property, which deprives the owner of their rights to the goods. It includes actions such as refusal to deliver, destruction, damage, or any act inconsistent with the owner's rights. The South Carolina Instruction to Jury regarding this issue advises the jury to consider all the relevant facts and circumstances of the refusal to deliver goods. It emphasizes that if a party refuses to deliver, despite a proper demand and tender of freight and storage charges, such an action amounts to a deprivation of the owner's rights. The jury should also evaluate whether the refusal was intentional and deliberate, or if there were any justifiable reasons provided by the party. Keywords: South Carolina, instruction to jury, refusal to deliver goods, demand, tender, freight, storage charges, conversion, wrongful dealing, unauthorized, property, deprivation, rights, destruction, damage, inconsistent. Different types of South Carolina Instructions to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion may include: 1. Standard Instruction: This type of instruction outlines the general principles of conversion and provides guidance on evaluating a refusal to deliver goods after demand and tender of freight and storage charges. It focuses on the essential elements required to establish conversion and provides a framework for the jury to make a judgment based on the evidence presented. 2. Intentional Conversion Instruction: This instruction highlights the need to prove that the refusal to deliver goods was intentional and deliberate. It emphasizes the intention of the party committing the conversion and provides guidance on how to assess the evidence to determine if the refusal was a deliberate act depriving the owner of their rights. 3. Justifiable Refusal Instruction: In certain circumstances, there may be valid reasons for refusing to deliver goods even after a demand and tender has been made. This instruction outlines the conditions under which a refusal can be considered justifiable and guides the jury to evaluate the evidence accordingly. It aims to distinguish between wrongful conversions and instances where there may be legitimate grounds for withholding delivery. 4. Damages Instruction: This type of instruction directs the jury on how to calculate damages in conversion cases where the refusal to deliver goods after demand and tender of freight and storage charges has been established. It identifies the types of damages that can be awarded and provides a framework for assessing the value of the converted goods and any associated losses or expenses incurred by the owner. 5. Burden of Proof Instruction: This instruction clarifies the burden of proof on the parties involved in the case. It guides the jury to consider which party has the responsibility to prove the elements of conversion, including the refusal to deliver goods after a proper demand and tender. It outlines the standard of proof required for the jury to reach a verdict in favor of the plaintiff or defendant. By using these relevant keywords, the description provides a comprehensive overview of how South Carolina Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion.