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.
Texas Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In Texas, when it comes to determining whether demand is necessary in constituting conversion, the court provides specific instructions to the jury. Conversion refers to the unauthorized or wrongful exercise of control over another person's property, depriving them of its use or possession. The instruction to the jury in cases of conversion without the necessity of demand involves a detailed explanation of the law, taking into account the specific circumstances of the case. The purpose of these instructions is to guide the jury in correctly determining whether the defendant's actions constitute conversion, regardless of whether demand was made by the plaintiff. The court may provide the following types of instructions to the jury: 1. General Instruction: This instruction outlines the basic elements of conversion and highlights the requirement of demand. It explains that usually demand must be made before a claim of conversion can be established. However, it goes on to state that demand is not necessary in certain situations, which will be further explained. 2. No Demand Necessary for Identified Property Instruction: This instruction focuses on situations where the property in question is clearly identified or specific, such as a unique item or personal belongings. It clarifies that demand is not necessary when the property can be easily recognized or identified as belonging to the plaintiff. 3. No Demand Necessary for Perishable or Rapidly Diminishing Value Property Instruction: This instruction is applicable when the property has a perishable or rapidly diminishing value. It explains that demand is not required when delay in demanding the return of such property would result in significant harm or loss to the plaintiff. 4. No Demand Necessary for Secret Conversion Instruction: This instruction is relevant in cases where the defendant secretly converts, conceals, or wrongfully retains the property, making it impossible or impractical for the plaintiff to make a demand. It clarifies that demand is not necessary in such instances due to the defendant's deceptive actions. 5. No Demand Necessary when Defendant Denies Plaintiff's Right Instruction: This instruction addresses situations where the defendant openly denies the plaintiff's right to the property, making it clear that he/she will not voluntarily return it. It states that demand is not required when the defendant's denial of the plaintiff's rights is evident. Overall, these various instructions enable the jury to understand the nuances of when demand may not be necessary in constituting conversion. Each case's unique circumstances are taken into account to aid the jury in making an accurate decision based on the applicable law and legal principles. Keywords: Texas, instruction to jury, demand, conversion, unauthorized control, property, possession, identified property, perishable property, diminishing value property, secret conversion, denial of rights.
