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.
Vermont Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal instruction that guides the jury in cases involving conversion in Vermont. Conversion refers to the wrongful act of exercising control over another person's property, depriving them of its use and enjoyment. This instruction establishes a legal presumption that when someone demands the return of their property and the possessor refuses to return it, this refusal is considered prima facie evidence of conversion. Prima facie evidence means that it is sufficient to establish a presumption of guilt. However, it is important to note that the instruction does not automatically establish guilt, but rather shifts the burden of proof to the defendant to provide evidence to the contrary. In Vermont, there are different types of instructions to the jury regarding the demand for and refusal of possession as prima facie evidence of conversion: 1. Vermont Instruction to Jury, Conversion — Demand and Refusal (Prima Facie Evidence): This instruction provides a general overview of the principle that a demand for the return of property, followed by a refusal to return it, can be considered prima facie evidence of conversion. 2. Vermont Instruction to Jury, Exception to Prima Facie Evidence — Lack of Ownership or Claim: This instruction acknowledges that if the possessor can demonstrate that they have a valid ownership claim or a lawful right to possess the property, the prima facie evidence of conversion can be reduced or negated altogether. 3. Vermont Instruction to Jury, Exception to Prima Facie Evidence — Legitimate Dispute or Debtor-Creditor Relationship: This instruction recognizes that in certain circumstances, a refusal to return property may arise due to a legitimate dispute or a debtor-creditor relationship. It guides the jury to consider such factors when determining whether conversion has occurred or not. 4. Vermont Instruction to Jury, Rebutting Prima Facie Evidence — Innocent Possession or Good Faith Belief: This instruction informs the jury that the possessor can rebut the prima facie evidence of conversion by demonstrating that they possessed the property innocently, without knowledge of any wrongful act, or with a good faith belief in their right to possess it. These instructions provide comprehensive guidance to the jury and ensure a fair and informed decision-making process when determining whether conversion has taken place based on the demand for and refusal of possession in Vermont.
