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.
Arizona Instruction to Jury regarding Unauthorized Sale of Personal Property as Conversion: When it comes to the unauthorized sale of personal property, Arizona law recognizes that such an act can constitute conversion. Conversion refers to the intentional exercise of control over another person's property without their consent, resulting in damage or deprivation of its value. It is important for the jury to understand the various aspects and types of instructions related to this issue. 1. Elements of Conversion: In cases involving unauthorized sale of personal property, the jury should be instructed on the essential elements of conversion. These typically include: a) Intentional exercise of control: The defendant should have intentionally taken control over the plaintiff's personal property. b) Without consent: The defendant's action must have occurred without obtaining consent from the plaintiff. c) Damage or deprivation: The plaintiff must have suffered either damage or deprivation of the property's value as a result of the defendant's actions. 2. Conversion through Unauthorized Sale: There could be scenarios where unauthorized sale of personal property by the defendant becomes the basis for a conversion claim. In such cases, the jury should receive instructions that highlight the specific circumstances and requirements for proving conversion through unauthorized sale. a) Without rightful ownership: The plaintiff must demonstrate that they had rightful ownership over the personal property in question, which the defendant wrongfully sold. b) Absence of consent: The plaintiff should provide evidence indicating that they did not provide consent for the sale. c) Intent to exercise control: The jury needs to be instructed on considering the defendant's intent to exercise control over the property through the sale. 3. Instructions on Burden of Proof: Juries should be informed about the burden of proof in conversion cases involving unauthorized sale. The plaintiff bears the burden of proving that the defendant engaged in an unauthorized sale of their personal property, resulting in conversion. The evidence presented must establish each element of conversion with a preponderance of the evidence, meaning it is more likely than not that the defendant committed conversion. 4. Damages and Remedies: If the jury finds the defendant liable for conversion through unauthorized sale, they should also receive instructions on the potential damages and remedies available. These may include compensatory damages to cover the value of the property, punitive damages if warranted by the defendant's conduct, and potentially injunctive relief or court orders preventing further unauthorized sales. By providing these detailed instructions to the jury, they will have a clear understanding of the legal concepts, elements, and consequences associated with unauthorized sale of personal property as conversion in Arizona.Arizona Instruction to Jury regarding Unauthorized Sale of Personal Property as Conversion: When it comes to the unauthorized sale of personal property, Arizona law recognizes that such an act can constitute conversion. Conversion refers to the intentional exercise of control over another person's property without their consent, resulting in damage or deprivation of its value. It is important for the jury to understand the various aspects and types of instructions related to this issue. 1. Elements of Conversion: In cases involving unauthorized sale of personal property, the jury should be instructed on the essential elements of conversion. These typically include: a) Intentional exercise of control: The defendant should have intentionally taken control over the plaintiff's personal property. b) Without consent: The defendant's action must have occurred without obtaining consent from the plaintiff. c) Damage or deprivation: The plaintiff must have suffered either damage or deprivation of the property's value as a result of the defendant's actions. 2. Conversion through Unauthorized Sale: There could be scenarios where unauthorized sale of personal property by the defendant becomes the basis for a conversion claim. In such cases, the jury should receive instructions that highlight the specific circumstances and requirements for proving conversion through unauthorized sale. a) Without rightful ownership: The plaintiff must demonstrate that they had rightful ownership over the personal property in question, which the defendant wrongfully sold. b) Absence of consent: The plaintiff should provide evidence indicating that they did not provide consent for the sale. c) Intent to exercise control: The jury needs to be instructed on considering the defendant's intent to exercise control over the property through the sale. 3. Instructions on Burden of Proof: Juries should be informed about the burden of proof in conversion cases involving unauthorized sale. The plaintiff bears the burden of proving that the defendant engaged in an unauthorized sale of their personal property, resulting in conversion. The evidence presented must establish each element of conversion with a preponderance of the evidence, meaning it is more likely than not that the defendant committed conversion. 4. Damages and Remedies: If the jury finds the defendant liable for conversion through unauthorized sale, they should also receive instructions on the potential damages and remedies available. These may include compensatory damages to cover the value of the property, punitive damages if warranted by the defendant's conduct, and potentially injunctive relief or court orders preventing further unauthorized sales. By providing these detailed instructions to the jury, they will have a clear understanding of the legal concepts, elements, and consequences associated with unauthorized sale of personal property as conversion in Arizona.
