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.
Allegheny Pennsylvania Instruction to Jury that Intent is not an Essential Element of Conversion
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Multi-State
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Allegheny
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US-01433BG
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FAQ
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.
Conversion can occur when someone, acting without your consent, does any of the following with your property: Takes and fails to return your property. Sells your property. Substantially changes your property, like cutting down trees to use the wood in construction.
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion.
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
Wrongful use, loss or injury Any unjustified exercise of dominion over property by one who is not the owner nor entitled to possession which interferes with the right of possession of another who is lawfully entitled thereto constitutes a conversion.
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.
Since conversion is an intentional tort, you must show that the defendant purposefully took your property in a manner that interfered with your interest in the property. It's not necessary to prove that the defendant intended to harm the property.
In North Carolina, conversion is defined as: "(1) the unauthorized assumption and exercise of the right of ownership; (2) over the goods or personal property; (3) of another; (4) to the exclusion of the rights of the true owner." Estate of Graham v. Morrison, 168 N.C. App.
The Court of Appeal has held that an equitable owner has no title at common law to sue in conversion unless he could show he had actual possession or an immediate right to possession of the goods claimed. To access this resource, sign up for a free trial of Practical Law.
In order to sue in conversion, the claimant must establish that they hold a property right in respect of a chattel (OBG Ltd v Allan). There is no closed list of the different types of chattels which can form the subject matter of a property right, and hence be protected through the chattel torts.