Guam Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion

• Category: Civil Procedure - Jury Instructions - Conversions
• State: Multi-State
• Control #: US-01358BG
• Format: Word; Rich Text

Description

A trespass to personal property is the 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. Guam Instruction to Jury regarding the refusal to deliver goods after demand and tender of freight and storage charges is an important legal concept that addresses situations in which a party unlawfully retains possession of goods that were rightfully demanded and for which freight and storage charges have been duly offered. This instruction provides guidance to the jury in determining whether such refusal can be considered a conversion, a legal term that signifies the wrongful exercise of ownership or control over someone else's property. Conversion is a civil wrong that occurs when a person intentionally interferes with another person's ownership or possession of property, depriving them of their rights. In the context of refusal to deliver goods, conversion occurs when the party in possession of the goods, despite receiving a demand for delivery and the tender of freight and storage charges, wrongfully refuses to release the goods to their rightful owner or holder. The Guam Instruction to Jury emphasizes that the key elements of conversion in this specific context include the following: 1. Unlawful Possession: The party attempting to receive the goods must demonstrate that the current possessor acquired and retained possession of the goods illegally or without right. 2. Demand for Delivery: The jury needs to consider whether a proper and valid demand for delivery was made by the rightful owner or holder of the goods. This demand usually includes a written request explicitly stating the intention to take possession, along with a reasonable timeframe given for delivery. 3. Tender of Freight and Storage Charges: The instruction highlights the significance of providing evidence that the rightful owner or holder tendered the appropriate amount of freight and storage charges as required by law or the terms of the agreement between the parties. This step serves to demonstrate the plaintiff's good faith and willingness to fulfill their obligations. 4. Wrongful Refusal: The instruction states that the refusal by the party in possession to deliver the goods after a valid demand and tender of charges must be without just cause or legal justification. The jury needs to determine whether the refusal was intentional, unjustified, and in violation of the plaintiff's rights. It is important to note that there are no specific named variations or types of Guam Instruction to Jury regarding refusal to deliver goods after demand and tender of freight and storage charges constituting conversion. However, variations in the instruction may exist depending on the specific facts and circumstances of each case, its legal nuances, and applicable statutes or regulations. Ultimately, this instruction guides the jury in assessing the evidence presented, evaluating the credibility of witnesses, and reaching a fair and just decision on whether the refusal to deliver goods after demand and tender of freight and storage charges constitutes a case of conversion.

Guam Instruction to Jury regarding the refusal to deliver goods after demand and tender of freight and storage charges is an important legal concept that addresses situations in which a party unlawfully retains possession of goods that were rightfully demanded and for which freight and storage charges have been duly offered. This instruction provides guidance to the jury in determining whether such refusal can be considered a conversion, a legal term that signifies the wrongful exercise of ownership or control over someone else's property. Conversion is a civil wrong that occurs when a person intentionally interferes with another person's ownership or possession of property, depriving them of their rights. In the context of refusal to deliver goods, conversion occurs when the party in possession of the goods, despite receiving a demand for delivery and the tender of freight and storage charges, wrongfully refuses to release the goods to their rightful owner or holder. The Guam Instruction to Jury emphasizes that the key elements of conversion in this specific context include the following: 1. Unlawful Possession: The party attempting to receive the goods must demonstrate that the current possessor acquired and retained possession of the goods illegally or without right. 2. Demand for Delivery: The jury needs to consider whether a proper and valid demand for delivery was made by the rightful owner or holder of the goods. This demand usually includes a written request explicitly stating the intention to take possession, along with a reasonable timeframe given for delivery. 3. Tender of Freight and Storage Charges: The instruction highlights the significance of providing evidence that the rightful owner or holder tendered the appropriate amount of freight and storage charges as required by law or the terms of the agreement between the parties. This step serves to demonstrate the plaintiff's good faith and willingness to fulfill their obligations. 4. Wrongful Refusal: The instruction states that the refusal by the party in possession to deliver the goods after a valid demand and tender of charges must be without just cause or legal justification. The jury needs to determine whether the refusal was intentional, unjustified, and in violation of the plaintiff's rights. It is important to note that there are no specific named variations or types of Guam Instruction to Jury regarding refusal to deliver goods after demand and tender of freight and storage charges constituting conversion. However, variations in the instruction may exist depending on the specific facts and circumstances of each case, its legal nuances, and applicable statutes or regulations. Ultimately, this instruction guides the jury in assessing the evidence presented, evaluating the credibility of witnesses, and reaching a fair and just decision on whether the refusal to deliver goods after demand and tender of freight and storage charges constitutes a case of conversion.