Riverside California Instruction to Jury Regarding Effect of Conversion of Part of Chattel

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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.


The term "chattel" refers to moveable items of property which are neither land nor permanently attached to land or a building. A chattel is personal property as distinguished from real property.

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FAQ

A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

Conversion is a tort that exposes you to liability for damages in a civil lawsuit. It applies when someone intentionally interferes with personal property belonging to another person.

Generally, punitive damages may be allowed when the conversion involves elements of fraud, ill will, malice, recklessness, wantonness, oppression, insult, willful, conscious disregard of the plaintiff's rights, or other aggravating circumstances. (In re Brian S. (1982) 130 Cal.

Conversion is an intentional tort, which means: that the party suing must prove that the defendant purposely meant to deprive the owner of his or her property.

California's statute of limitations to bring a conversion lawsuit is three years from the date the personal property was wrongfully taken. People who wait longer than three years will have their case dismissed by the court.

When you want to reclaim the value of your personal property that was damaged or altered by some else's unauthorized use, you can file a lawsuit for conversion. This intentional tort is the civil law equivalent of a criminal theft charge.

The general rule is that there is no conversion until some act is done which is a denial or violation of the plaintiff's dominion over or rights in the property. To constitute a conversion of a chattel, there must be an unauthorized assumption of the right to possession or ownership.

Conversion is a legal expression that describes a civil tort (when someone does something wrong, but criminal law is not broken ) where one person converts another person's property for themselves.

Since the act must be knowingly done, neither negligence, active or passive, nor a breach of contract, even though it results in injury to, or loss of, specific property, constitutes a conversion.

The justification or defences to an action for conversion are: Lien, either general or particular Demand and refusal are not considered as evidence of conversion, if the party has a lien upon the chattel. Right of stoppage in transit This defence arises out of contract which is related to the sale of goods.

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Riverside California Instruction to Jury Regarding Effect of Conversion of Part of Chattel