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.
Title: South Carolina Instruction to Jury: Unauthorized Sale of Personal Property as Conversion Keywords: South Carolina, instruction to jury, unauthorized sale, personal property, conversion, types Detailed Description: In South Carolina, courts provide detailed instructions to juries regarding the legal concept of conversion when an unauthorized sale of personal property occurs. Conversion refers to the act of unlawfully exercising control over another person's property, interfering with their ownership rights. The South Carolina Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion typically includes the following key points: 1. Definition of Conversion: The instruction begins by defining conversion as an intentional act of exercising dominion (control) over another person's personal property without legal authority, thereby interfering with their rights of ownership. 2. Unauthorized Sale: The instruction highlights that an unauthorized sale of personal property can be considered a conversion. It emphasizes that if the defendant, without the owner's permission, sells or transfers the property to a third party, it is viewed as an act of conversion. This applies even if the defendant claims to have ownership or a right to sell the property. 3. Elements of Conversion: The instruction outlines the essential elements that the plaintiff needs to prove in order to establish a claim for conversion. These elements typically include establishing ownership or legal rights to the property, the defendant's intentional act of exercising control over the property, and the plaintiff's actual or constructive possession of the property before the conversion occurred. 4. Types of Conversion: While there may not be specific types of South Carolina Instructions to Jury regarding unauthorized sale of personal property as conversion, different variations or scenarios might arise during trials. For example, one instruction might address the conversion involving automobiles, while another could focus on conversions relating to valuable assets such as artwork, electronics, or real estate. Each instruction would adapt to the specific circumstances of the case. 5. Burden of Proof: The instruction also explains the burden of proof that rests on the plaintiff to convince the jury of the defendant's liability for conversion. The plaintiff must provide evidence that proves the defendant's unauthorized sale of personal property and that the plaintiff suffered harm or loss as a result of the conversion. In conclusion, the South Carolina Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion provides clear guidance to jurors on how to identify and assess cases involving unauthorized sales of personal property. By understanding the elements and legal consequences of conversion, jurors can make informed decisions that ensure justice is served in these situations.
