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.
Tennessee Instruction to Jury — Demand for and Refusal of Possession is Prima Facie Evidence of Conversion In Tennessee legal proceedings, the instruction to the jury regarding the demand for and refusal of possession as prima facie evidence of conversion is an important component of proving a claim of conversion. Conversion, in legal terms, refers to the wrongful possession or interference with another person's property rights. This instruction guides the jury in understanding that if a plaintiff has demanded the return of their property from the defendant, and the defendant has refused to comply with this demand, it can be considered as prima facie evidence of conversion. Prima facie evidence means there is enough initial proof to allow a jury to conclude that a fact is true unless the defendant can provide a valid defense or explanation. This instruction is based on the principle that a person who rightfully possesses property has a duty to return it upon demand. If the demand for possession is properly made, and the defendant unreasonably refuses to comply, it suggests that the defendant is wrongfully possessing the property and may be engaging in conversion. In Tennessee, there are variations of this instruction that may be given to the jury based on the specific circumstances of the case. Some of these variations or alternative instructions include: 1. Instruction to Jury regarding Demand for Possession: This instruction focuses on the requirement for the plaintiff to have made a proper demand for the return of their property before it can be considered evidence of conversion. It emphasizes that the demand must be clear, unequivocal, and reasonable under the circumstances. 2. Instruction to Jury regarding Refusal of Possession: This instruction focuses on the defendant's refusal to return the property upon a proper demand. It highlights that the defendant's refusal can be express or inferred from their actions or statements that demonstrate a clear intent to withhold the property from the plaintiff. 3. Instruction to Jury regarding Reasonable Time for Compliance: This instruction addresses the timeframe within which the defendant should comply with the demand for possession. It presents the jury with a standard of reasonableness, emphasizing that the defendant should have had sufficient time to comply and that an unjustifiable delay may indicate conversion. 4. Instruction to Jury regarding Defense to Conversion: This instruction explains potential defenses that the defendant may raise to counter the claim of conversion. It outlines valid justifications or explanations for the defendant's refusal to return the property, such as a bona fide dispute over ownership or a legal right to possess the property. It is important to note that the specific instructions given to the jury will depend on the facts and circumstances of each individual case. The purpose of these instructions is to assist the jury in understanding the legal principles surrounding the demand for and refusal of possession as evidence of conversion, thereby ensuring a fair and informed decision-making process.
