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. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Delaware Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal instruction provided to a jury in a civil lawsuit involving a claim of conversion in the state of Delaware. Conversion refers to the unauthorized act of exercising control over another person's property, depriving them of their ownership or possession rights. Keywords: Delaware, instruction to jury, demand for possession, refusal of possession, prima facie evidence, conversion, civil lawsuit. This instruction is crucial for the jury to understand the legal implications of a defendant's refusal to return demanded property to the rightful owner. It establishes that the refusal can be regarded as prima facie evidence of conversion, meaning it creates an inference that the defendant intentionally converted the property for their own use or benefit. Different types or variations of Delaware Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion may be: 1. Instruction with respect to personal property: This type of instruction specifically focuses on conversion cases involving personal property, such as personal belongings, vehicles, or other movable items. 2. Instruction with respect to real property: This type of instruction addresses situations where conversion involves real estate or immovable property, such as land or buildings. 3. Instruction for specific industries: Depending on the nature of the case, there might be specific instructions tailored for certain industries. For example, instructions related to conversion of intellectual property, securities, or financial instruments. 4. Instruction for different levels of intent: Delaware Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion could vary based on the defendant's intent. Some instructions may address cases where the defendant's refusal to return the property can be seen as intentional, while others may cover situations where the refusal was due to negligence or mistake. It is important to note that these variations are hypothetical and may not represent the exact instructions used in Delaware courts. Legal professionals and litigants should consult the official Delaware Model Jury Instructions or seek advice from qualified attorneys for accurate and up-to-date guidance in specific cases involving conversion.
