Maine 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. Maine Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion: In Maine, the refusal to deliver goods after a demand and tender of freight and storage charges can be considered as conversion. Conversion refers to the act of wrongfully exercising control over another person's property, depriving them of their right to possess or use it. When addressing this issue in a court case, the jury must be instructed on the specific elements that constitute conversion in Maine. These instructions may vary based on the circumstances of the case. Some relevant factors to consider and include in the instruction are: 1. Demand for delivery: The plaintiff must have made a proper demand for the delivery of the goods. The demand should be clear, specific, and communicated to the defendant in a manner that can be proven in court. 2. Tender of freight and storage charges: The plaintiff must have tendered any freight and storage charges owed for the goods. This ensures that the plaintiff has fulfilled their obligations and is entitled to receive the goods in return. 3. Refusal to deliver: The defendant's refusal to deliver the goods despite the demand and tender of charges must be established. This can be proven through evidence such as written correspondence, witnesses' testimonies, or any other relevant documents. 4. Exercise of control: The defendant's act of wrongfully exercising control over the goods must be shown. This could involve withholding the goods, disposing of them, or using them for their own benefit without authorization from the plaintiff. 5. Intent: The intention of the defendant to deny the plaintiff their rights to possess or use the goods must be examined. This element helps establish that the defendant's actions were deliberate and not accidental. It is important to note that each case may have unique circumstances that could impact the specific instruction given to the jury. However, these key elements should be considered when instructing the jury on how a refusal to deliver goods after demand and tender of freight and storage charges can constitute conversion in Maine. Different types of Maine Instructions to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion may include variations based on the specific nature of the goods involved (e.g., perishable goods, hazardous materials, etc.), the contractual agreements between the parties, and any relevant statutes or regulations that apply to the case.

Maine Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion: In Maine, the refusal to deliver goods after a demand and tender of freight and storage charges can be considered as conversion. Conversion refers to the act of wrongfully exercising control over another person's property, depriving them of their right to possess or use it. When addressing this issue in a court case, the jury must be instructed on the specific elements that constitute conversion in Maine. These instructions may vary based on the circumstances of the case. Some relevant factors to consider and include in the instruction are: 1. Demand for delivery: The plaintiff must have made a proper demand for the delivery of the goods. The demand should be clear, specific, and communicated to the defendant in a manner that can be proven in court. 2. Tender of freight and storage charges: The plaintiff must have tendered any freight and storage charges owed for the goods. This ensures that the plaintiff has fulfilled their obligations and is entitled to receive the goods in return. 3. Refusal to deliver: The defendant's refusal to deliver the goods despite the demand and tender of charges must be established. This can be proven through evidence such as written correspondence, witnesses' testimonies, or any other relevant documents. 4. Exercise of control: The defendant's act of wrongfully exercising control over the goods must be shown. This could involve withholding the goods, disposing of them, or using them for their own benefit without authorization from the plaintiff. 5. Intent: The intention of the defendant to deny the plaintiff their rights to possess or use the goods must be examined. This element helps establish that the defendant's actions were deliberate and not accidental. It is important to note that each case may have unique circumstances that could impact the specific instruction given to the jury. However, these key elements should be considered when instructing the jury on how a refusal to deliver goods after demand and tender of freight and storage charges can constitute conversion in Maine. Different types of Maine Instructions to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion may include variations based on the specific nature of the goods involved (e.g., perishable goods, hazardous materials, etc.), the contractual agreements between the parties, and any relevant statutes or regulations that apply to the case.