Title: Colorado Instruction to Jury: Exploring Conversion in Cases of Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges Introduction: The Colorado Instruction to Jury outlines the legal concept of conversion concerning cases where a party refuses to deliver goods after demand and tender of freight and storage charges. This article aims to provide a detailed description of this instruction and explore various types of instructions related to conversion in Colorado. 1. Definition of Conversion: The Colorado Instruction to Jury begins by explaining the concept of conversion, which refers to the unauthorized assumption and exercise of control over another person's property. Conversion occurs when someone intentionally interferes with another's right to possession and ownership of their property, resulting in substantial deprivation of their rights. 2. Refusal to Deliver Goods after Demand: The instruction addresses situations wherein a defendant refuses to deliver goods to the rightful owner despite a demand made by the owner. It discusses the elements necessary to prove conversion in such cases, including the defendant's intentional withholding of goods, the plaintiff's rightful demand, and the defendant's knowledge of the demand. 3. Tender of Freight and Storage Charges: The instruction further explains that conversion may also arise when a defendant refuses to deliver goods after the plaintiff tenders or offers to pay the appropriate freight and storage charges. It emphasizes that the plaintiff must have made a valid and reasonable payment offer, and the defendant's refusal in such instances can constitute conversion. 4. Elements of Conversion: The Colorado Instruction to Jury clarifies the essential elements that must be proven to establish a case of conversion. These elements usually include: a. The plaintiff's right to possess the goods. b. The defendant's intentional refusal to deliver the goods. c. The plaintiff's demand for the goods or tender of freight and storage charges. d. The defendant's knowledge of the demand or tender. e. The defendant's failure to comply with the demand or tender. Types of Colorado Instructions to Jury on Conversion: In addition to the general instruction regarding refusal to deliver goods after demand and tender of freight and storage charges, there may be various specific instructions related to conversion in relevant scenarios. Some possible variations may include: a. Conversion in Commercial Transactions: This instruction would be applicable when the conversion occurs during commercial transactions where goods are being sold or transferred. b. Conversion of Personal Property: This instruction would address cases where personal property is unlawfully withheld by the defendant, resulting in conversion. c. Conversion in the Context of Transportation: This instruction would specifically pertain to situations where conversion arises in the course of transportation, such as freight or cargo. Conclusion: The Colorado Instruction to Jury concerning the refusal to deliver goods after demand and tender of freight and storage charges provides crucial guidance for understanding the legal concept of conversion in such cases. Attorneys and jurors rely on the instruction to determine if the elements of conversion have been met and to deliver a just verdict. By recognizing different types of instructions related to conversion, the legal system ensures consistency in handling various scenarios that may arise in Colorado.
Colorado Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion
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