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.
Florida Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion In Florida, there are certain instructions given to a jury regarding the unauthorized sale of personal property, which constitutes conversion. Conversion refers to a legal action where one party wrongfully takes or sells another person's personal property without their consent. This instruction helps guide the jury in understanding the elements involved in determining conversion and its consequences. One of the primary types of Florida instruction to the jury in cases related to conversion of personal property includes explaining the essential elements that must be present for a claim of conversion to be successful. These elements typically encompass the following: 1. Ownership: The plaintiff must establish their ownership or right to possess the personal property in question. They need to demonstrate that they had a legal right to the property that was taken or sold without their permission. 2. Unauthorized Sale: The jury instruction focuses on the unauthorized sale or disposal of the property. It emphasizes that the defendant acted without the plaintiff's consent, exceeding any authority they might have had to handle or sell the property. 3. Intentional Act: The plaintiff must show that the defendant intentionally and willfully engaged in the act of selling or disposing of the personal property, knowing that they lacked the authority or consent to do so. 4. Substantial Interference: The instruction also highlights that the actions taken by the defendant substantially interfered with the plaintiff's rights to possess and use their personal property. This interference should be significant enough to deprive the plaintiff of their rights or cause them harm. 5. Damages: The instruction underscores that the plaintiff must have suffered some form of damages as a direct result of the defendant's unauthorized sale of the personal property. This can include the loss of value, inability to use or enjoy the property, or financial losses associated with the sale. Additionally, the Florida Instruction to Jury may also include variations or specific directions depending on the nature of the case. These variations might involve scenarios such as unauthorized sale by a business entity, sale involving stolen property, or conversion of property by a person with limited authority. These instructions provide crucial guidance to the jury in understanding the legal concept of conversion and its application to unauthorized sales of personal property. By following these instructions, the jury can accurately evaluate the evidence presented and make a well-informed decision on whether the defendant's actions constitute conversion and if the plaintiff is entitled to damages.
