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.
The Wisconsin Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion provides essential guidance for the jury to understand how an unauthorized sale of personal property can be considered as conversion under Wisconsin law. Conversion refers to the act of wrongfully exercising control over someone else's property, which deprives the owner of their right to use, possess, or enjoy the property. This instruction is crucial in cases where an individual sells another person's personal property without permission or legal authority. By providing these instructions, the court ensures that the jury comprehends the legal elements that constitute conversion in such instances. The unauthorized sale must meet specific conditions to qualify as conversion. Jury instructions typically cover the following important aspects: 1. Unauthorized Sale: The instruction will detail that conversion occurs when an individual sells personal property without the owner's permission or legal consent. 2. Ownership and Possession: It will emphasize that the owner of the personal property holds the rights to control, possess, and use the item. Any interference with these rights, including unauthorized sale, can constitute conversion. 3. Intent: The jury instruction may highlight that conversion requires an intentional act, meaning the individual knowingly and purposefully sold the personal property without proper authorization. 4. Lack of Legal Authority: It will state that the seller must lack any legal authority or right to sell the property in question. This could involve scenarios where the seller is not the rightful owner, lacks a valid contract, or exceeds their authority. 5. Deprivation of Owner's Rights: The instruction will explain that the unauthorized sale must result in depriving the owner of their rights to control, possess, or enjoy the personal property. This deprivation can be temporary or permanent. 6. Damages: In cases of conversion, the court may include instructions on how to determine damages, which could involve assessing the value of the property at the time of the sale. 7. Mitigating Factors: There might be additional instructions regarding any potential mitigating factors that the jury should consider, such as good faith or mistake of ownership. These factors could affect the determination of liability or damages in the case. Different types of Wisconsin Instructions to Jury that Unauthorized Sale of Personal Property can Constitute Conversion may vary based on the specific circumstances of the case or the plaintiff's claims. They can focus on different legal elements or defenses applicable to conversion claims. For instance: — Instruction on Conversion for Fraudulent Sales: This type of instruction would be relevant if the unauthorized sale involved fraudulent misrepresentation or deceit, where the seller intentionally misled the buyer about ownership rights. — Instruction on Conversion in Business Context: In cases where the unauthorized sale occurs within a business context, additional instructions may be necessary to explain how the principles of conversion apply to commercial transactions, including sales by employees, agents, or partners. — Instruction on Conversion of Unique or Irreplaceable Items: When the personal property in question holds unique, sentimental, or irreplaceable value, specific instructions might be provided to address the particular damages and emotional distress associated with the conversion of such items. It is important for the court to tailor the Wisconsin Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion to suit the specific facts and legal aspects presented in each case, ensuring a fair and accurate determination of liability for the unauthorized sale of personal property.
