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.
Georgia Instruction to the Jury: Unauthorized Sale of Personal Property can Constitute Conversion In Georgia, the unauthorized sale of personal property can constitute the legal concept of conversion. Conversion refers to an act where someone intentionally interferes with another person's property rights, taking or disposing of it in a manner inconsistent with the owner's rights. It is crucial for the jury to understand the law surrounding this issue in order to properly evaluate the facts of each case. Georgia's law recognizes that the unauthorized sale of personal property can indeed amount to conversion. It is essential for the jury to consider the following points while determining whether a conversion has occurred: 1. Intentional Interference: The unauthorized sale of personal property is only considered a conversion if it was done intentionally. The defendant must have knowingly sold or disposed of the property without the authorization or consent of the rightful owner. 2. Ownership Rights: The jury must establish that the plaintiff had legal ownership or possessor rights over the property in question. The property can include various personal possessions such as vehicles, jewelry, electronics, artwork, or any other tangible item. 3. Inconsistent Rights: The defendant's actions must have been inconsistent with the owner's rights. In other words, the sale or disposal of the property should have violated the owner's right to possess, use, or control it. 4. Damages: In conversion cases, the plaintiff is entitled to recover damages for the loss of property or any harm caused by the unauthorized sale. The extent of damages will depend on the nature and value of the property, as well as any additional losses incurred due to the defendant's actions. Types of Georgia Instructions to the Jury regarding Unauthorized Sale of Personal Property as Conversion: 1. Elements of Conversion: This instruction guides the jury on the essential elements required to establish a case of conversion, emphasizing the need to prove intentional interference, ownership rights, inconsistent rights, and resulting damages. 2. Defenses and Excuses: This instruction explains potential defenses or excuses that the defendant may present to counter the conversion claim. Examples may include claims of rightful ownership, consent from the owner, or the mistaken belief that the sale was authorized. 3. Valuation of Damages: In cases where the unauthorized sale results in the loss of property, this instruction provides guidance on how the jury should calculate the damages. It may involve considerations such as fair market value, replacement cost, or sentimental value, depending on the circumstances. 4. Comparative Negligence: This instruction is relevant when both the plaintiff and defendant are partially at fault for the unauthorized sale. It will guide the jury on determining the degree of fault for each party and its impact on the damages awarded. 5. Punitive Damages: In certain cases where the defendant's conduct is particularly egregious or malicious, this instruction informs the jury about the possibility of awarding punitive damages as a form of punishment and deterrence. Understanding the principles of conversion and the Georgia instructions provided to the jury is crucial for ensuring a fair and just resolution for both the plaintiff and defendant in cases involving the unauthorized sale of personal property.
