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.
The Virgin Islands Instruction to Jury as to When Demand is not Necessary in Constituting Conversion outlines the specific circumstances in which a demand is not necessary in a conversion case. Conversion refers to the wrongful act of taking someone else's property without their consent and converting it to one's own use. This instruction guides the jury on when the plaintiff may sue for conversion without first demanding the return of the property. One type of Virgin Islands Instruction to Jury related to this topic is when the property has been wrongfully obtained or acquired through illegal means. In such cases, a demand is not required as the defendant's actions are already illegal, and the plaintiff can directly sue for conversion. Another type of instruction is applicable when the defendant's actions indicate an intent to permanently deprive the plaintiff of their property. In such instances, there is no requirement for a demand since the defendant's conduct demonstrates their clear intention to convert the property for their own use permanently. The instruction also covers situations when the property is of a specific nature that makes its return impossible or impractical. For instance, if the property has been consumed, destroyed, or substantially altered, the plaintiff may sue without having to make a demand. Furthermore, the instruction may include scenarios where the defendant has already disclaimed ownership of the property or made it clear that they do not intend to return it, thereby eliminating the need for a demand from the plaintiff. The purpose of these instructions is to provide clear guidance to the jury on when a demand is not necessary before filing a lawsuit for conversion in the Virgin Islands. By understanding these principles, the jury can accurately assess the defendant's actions and determine whether they qualify as conversion, ensuring a fair trial for all parties involved.
