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.
Delaware Instruction to Jury: Unauthorized Sale of Personal Property Constitutes Conversion Introduction: In Delaware, the court provides jury instructions to guide the jury's understanding of the law and relevant legal concepts. One such instruction relates to the unauthorized sale of personal property, which can be considered conversion. Conversion refers to an act that wrongfully deprives another person of their property or interferes with their right to control it. This article will explore the details of Delaware's instruction to the jury regarding unauthorized sales of personal property and its implications for conversion cases. Keywords: Delaware, instruction to jury, unauthorized sale, personal property, conversion 1. Basic Instruction: In cases involving unauthorized sales of personal property, the Delaware court instructs the jury that such actions can constitute conversion. Conversion occurs when an individual intentionally sells, transfers, or disposes of another person's personal property without their consent or lawful authority. 2. Elements of Conversion: The court instructs the jury to consider the following essential elements of conversion relating to unauthorized sales of personal property: a. The defendant sold or transferred property that belonged to the plaintiff. b. The sale or transfer was unauthorized by the plaintiff. c. The defendant acted intentionally or recklessly in conducting the sale or transfer. d. The plaintiff suffered harm or loss as a result of the unauthorized sale or transfer. 3. Permissible Defenses: Delaware's instruction to the jury regarding unauthorized sales of personal property may also cover permissible defenses raised by the defendant, such as: a. Consent: If the defendant can establish that the plaintiff consented to the sale or transfer, it may negate the element of unauthorized action. b. Lawful Authority: If the defendant can demonstrate that they had legal authorization to sell or transfer the property, it may negate the element of unauthorized action. 4. Variations or Additional Instructions: It is important to note that Delaware's instruction to the jury may vary depending on the specific circumstances of the case. Different variations or additional instructions may be provided, highlighting certain factors, evidence requirements, or legal standards specific to the case at hand. Some potential variations or additional instructions include: a. Value of the Property: The court may emphasize that the value of the property is a crucial factor when determining the extent of harm or loss suffered by the plaintiff. b. Reasonable Market Value: The court may instruct the jury to assess the reasonable market value of the property at the time of the unauthorized sale to determine the appropriate damages. Conclusion: Delaware's instruction to the jury regarding unauthorized sales of personal property provides essential guidance in conversion cases. It clarifies that such sales can be deemed conversion if the elements of unauthorized action, intentional or reckless behavior, harm to the plaintiff, and ownership of the property are satisfied. The court may provide variations or additional instructions to suit the specific circumstances of each case, ensuring a fair and just resolution.
