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. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
South Carolina Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion In South Carolina, the Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is an important legal concept that helps establish a claim of conversion in civil cases. This instruction serves as a guiding principle for the jury to consider when determining whether a defendant is liable for converting someone else's property. Conversion is generally defined as the act of wrongfully taking or withholding someone else's property without their consent. It is a serious offense that can result in significant legal consequences for the party responsible. Therefore, instructions that assist a jury in understanding the elements of conversion are crucial in a fair trial process. The specific instruction in South Carolina focuses on the key actions of a demand for possession and subsequent refusal by the defendant. If the plaintiff can provide sufficient evidence of these actions, it is considered prima facie evidence of conversion, meaning it is sufficient on its face and requires the defendant to provide a rebuttal. By including this instruction, the court aims to streamline the jury's decision-making process by providing them with a clear framework to assess the evidence presented. It allows the jury to carefully consider whether the defendant's refusal to surrender the property, despite a proper demand for possession, is indicative of conversion. Different types or variations of the South Carolina Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion may include: 1. Standard Instruction: This instruction provides the basic elements and requirements for establishing conversion based on demand and refusal of possession. 2. Expanded Instruction: In certain cases, the court may provide additional guidance to the jury, highlighting specific circumstances or factors that may help determine whether demand and refusal constitute conversion. 3. Modified Instruction: Depending on the unique circumstances of a case, the court may modify the standard instruction to align with the specific facts and legal principles involved. It is important for both the plaintiff and defendant to understand the implications of this instruction as it sets the foundation for determining liability in a conversion claim. Ultimately, the jury's careful consideration of evidence presented, including the actions of demand and refusal, is crucial in delivering a just verdict.
