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.
In Tennessee, the instruction to jury regarding when demand is not necessary in constituting conversion is a crucial aspect of the legal process. Conversion refers to the act of wrongfully taking or holding someone else's property, depriving the rightful owner of its use and possession. However, in certain circumstances, the need for the injured party to make a demand before bringing a legal claim for conversion may be waived or eliminated. This instruction to the jury helps to provide guidance on when demand is unnecessary in constituting conversion in Tennessee. One type of Tennessee instruction to the jury as to when demand is not necessary in constituting conversion involves the concept of absolute refusal. In this scenario, if the defendant clearly and explicitly refuses to return the property to the rightful owner, the injured party is not required to make a formal demand before pursuing legal action. The instruction clarifies that such a refusal itself establishes the defendant's wrongful intent and eliminates the need for demand. Another type of instruction relates to the circumstances where the defendant's conduct indicates an intent to permanently deprive the owner of their property. If the evidence presented during the trial sufficiently establishes that the defendant intended to retain the property permanently or sell it without the owner's permission, the injured party may not be required to issue a demand before filing a lawsuit. This instruction helps the jury understand that the defendant's actions clearly demonstrate their wrongful intent, eliminating the need for a formal demand. Moreover, the instruction may also cover situations where the property's return is impossible or impracticable. If the rightful owner can demonstrate that the return of their property is unfeasible due to the defendant's actions or circumstances beyond their control, the need for a demand may be waived. In such cases, the jury is instructed to consider the reasonableness of making a demand under the given circumstances. It is important to remember that the specific instructions and their application may vary based on the facts and evidence presented in each case. These instructions ensure that the jury understands the circumstances in which the injured party may proceed with a conversion claim without issuing a formal demand for the return of the property. By providing these guidelines, Tennessee aims to safeguard the rights of individuals whose property has been wrongfully taken or held, empowering them to seek legal redress without unnecessary procedural obstacles.
