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.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
Tennessee Instruction to Jury: Property Interest Necessary to Maintain an Action for Conversion In Tennessee, the instruction to the jury regarding the necessity of a property interest to maintain an action for conversion plays a crucial role in determining the outcome of a case. Conversion refers to the unauthorized and wrongful exercise of control over someone else's property, depriving them of its possession and right to use it. To establish a successful conversion claim, the plaintiff must prove ownership, possession, or an enforceable property interest in the converted property. Types of Tennessee Instructions to Jury on Property Interest in Conversion Cases: 1. Ownership Requirement: One type of instruction to the jury in Tennessee conversion cases is based on ownership. The instruction emphasizes that to prevail in a conversion claim, the plaintiff must demonstrate they own the property in question. The jury must consider whether the plaintiff holds legal title, possesses valid documents of ownership, or can establish a legally recognized interest in the converted property. 2. Possession Requirement: Another type of instruction focuses on possession as the basis for maintaining an action for conversion. This instruction highlights that the plaintiff must show that they had actual or constructive possession of the converted property at the time of the alleged conversion. The jury needs to evaluate whether the plaintiff had control, custody, or exclusive use of the property, and that this possession was unauthorized by the defendant. 3. Enforceable Property Interest: A third type of instruction guides the jury on recognizing an enforceable property interest that is necessary to pursue an action for conversion. It directs the jury to consider whether the plaintiff has a legitimate claim or right acknowledged by law, such as a leasehold interest, lien, security interest, or any other property interest recognized under Tennessee statutes and case law. In all conversion cases in Tennessee, the jury must carefully examine the evidence presented to determine whether the plaintiff meets the requirement of having a property interest in the converted property. This evaluation will ultimately determine the viability of the plaintiff's claim and the potential liability of the defendant. The instruction to the jury serves as a vital guide in clarifying the threshold that must be met, ensuring a fair and just verdict in conversion cases.
