Alabama Instruction to Jury: Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion In Alabama, the instruction to the jury regarding the refusal to deliver goods after demand and tender of freight and storage charges, can establish an act of conversion. Conversion refers to the legal term used to describe the wrongful taking or withholding of another person's property, which interferes with their right to possess and enjoy it. This offense applies to situations where a person wrongfully denies the rightful owner access to their goods despite fulfilling the required obligations. When providing the instruction to the jury, it is crucial to emphasize the following relevant keywords: Alabama, refusal to deliver goods, demand, tender, freight, storage charges, conversion. There are several types of Alabama Instruction to Jury that cover the refusal to deliver goods after demand and tender of freight and storage charges: 1. Basic Instruction: The basic instruction informs the jury about the concept of conversion and how it applies to the case. It highlights that the defendant's refusal to deliver goods even after the rightful owner has demanded them and tendered the necessary freight and storage charges can be considered an act of conversion. 2. Elements of Conversion: This type of instruction outlines the specific elements that the plaintiff must prove in order to establish the case of conversion. It covers essential points such as the rightful owner's demand for the goods, the tender of freight and storage charges, the defendant's refusal to comply, and the subsequent deprivation of the owner's possessor rights. 3. Jury Determination of Conversion: This instruction guides the jury on determining whether the defendant's actions indeed constitute conversion. It explains that if the evidence shows that the defendant, without lawful justification, refused to deliver the goods after a rightful demand and the tender of appropriate freight and storage charges, the jury may conclude that the defendant is liable for the offense of conversion. 4. Defendant's Justification or Defense: This form of instruction covers potential justifications or defenses that the defendant may present. It informs the jury that if the defendant can demonstrate a lawful justification, such as a legitimate dispute over the freight or storage charges, the conversion claim may be dismissed. It is important for the instruction to balance the plaintiff's burden of proof and the defendant's opportunity for a valid defense. By effectively using the relevant keywords, the instruction will enable the jury to consider the refusal to deliver goods after demand and tender of freight and storage charges as potential conversion.
Alabama Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion
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Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
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Masters. (a) Appointment and compensation. Each court to which these rules are applicable or the presiding judge in those courts having more than one judge, may appoint one or more standing masters for the court, and the court in which any action is pending may appoint a special master therein.
Under Rule 50, a motion for a directed verdict will be granted or denied in any situation where the peremptory charge would be granted or denied under present Alabama law.
A party may preserve a claim of error by informing the court?when the court ruling or order is made or sought?of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection.