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.
South Carolina Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal guideline that outlines the circumstances in which a demand for the return of property is not necessary in establishing a claim for conversion in South Carolina. Conversion refers to the act of wrongfully exercising control over another person's property without their consent, thereby depriving them of their rights to the property. In South Carolina, there are instances where a demand for the return of the property is not required as a prerequisite to initiating a lawsuit for conversion. These situations include: 1. Willful and intentional deprivation: If the defendant's conduct in wrongfully retaining or disposing of the property is willful and intentional, a demand for return is not necessary. This means that if it is clear that the defendant is purposely withholding the property and has no intention of returning it, the plaintiff may proceed with a conversion claim without making a demand. 2. Unauthorized sale or transfer: If the defendant sells or transfers the property in question without authorization from the rightful owner, a demand for return is not necessary. This situation arises when the defendant sells or otherwise disposes of the property, thereby preventing the owner from enjoying their rights to it. 3. Demand would be futile: If it can be proven that a demand for return would be futile, it is not necessary to make such a demand for a conversion claim. This scenario arises when the defendant has demonstrated a clear refusal to return the property despite previous demands made by the owner or when it is evident that the defendant will not voluntarily comply with any future demands. 4. Conversion by destruction or waste: If the defendant has destroyed or wastefully misused the property, a demand for its return is not necessary. In such cases, the act of destruction or wasteful use clearly indicates the defendant's lack of intention to return the property and satisfies the requirements for a claim of conversion. These different types of South Carolina Instructions to Jury as to When Demand is not Necessary in Constituting Conversion provide legal guidance in situations where a demand for property return may not be required before pursuing a conversion claim. By understanding these guidelines, individuals can navigate the legal system in South Carolina effectively when faced with acts of wrongful control over their property.
