A trespass to personal property is the 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.
North Dakota Instruction to Jury that Plaintiff Under no Duty to Receive Back Property serves as a legal guideline in civil litigation cases involving the refusal of a plaintiff to receive back property. This instruction aims to educate the jury on the specific circumstances where a plaintiff is not obligated to accept the return of their property and outlines the legal principles that govern such situations. The instruction emphasizes the plaintiff's right to refuse the return of their property, especially when certain conditions or exceptions are met. These conditions may include instances where the property has been altered, damaged, or rendered unusable by the defendant, or when the plaintiff has already found a suitable replacement or alternative for the property in question. This type of instruction generally falls under the category of "Plaintiff's Duty to Receive Back Property" in jury instructions. Among the possible variations or types of North Dakota Instruction to Jury that Plaintiff Under no Duty to Receive Back Property are: 1. ND Jury Instruction — Plaintiff Not Obligated to Accept Return of Damaged Property: This specific instruction provides guidance to the jury when the plaintiff asserts that the property returned by the defendant is in a damaged or substandard condition. It outlines that the plaintiff has no duty to accept such property if it does not meet their reasonable expectations or if it substantially deviates from the original condition. 2. ND Jury Instruction — Plaintiff's Right to Reject Property Replacement: This instruction applies when the plaintiff claims that they no longer need the property in question due to an alternative replacement they have obtained. It emphasizes that the plaintiff has the right to reject the return of the property if they have already acquired a suitable substitute and that their freedom of choice should be respected during the judicial proceedings. 3. ND Jury Instruction — Plaintiff's Right to Compensation Instead of Property: This variation of the instruction explains the plaintiff's entitlement to pursue monetary compensation instead of requesting the return of the property. It instructs the jury to consider the circumstances under which the plaintiff may opt for financial redress rather than accepting the property; for example, if the property's value is significantly diminished or if the plaintiff's needs have changed. In summary, North Dakota Instruction to Jury that Plaintiff Under no Duty to Receive Back Property provides essential guidance to the jury in cases where a plaintiff refuses to accept the return of property. It educates the jury on the circumstances where such refusal is justified and helps them understand the legal principles that govern these situations. It is important for jurors to consider the specific types of instructions relevant to the case at hand to ensure a fair and accurate decision.
