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.
Maine Instruction to Jury: Demand for and Refusal of Possession as Prima Facie Evidence of Conversion Introduction: In the state of Maine, instructions are provided to the jury regarding the legal concept that demand for and refusal of possession can serve as prima facie evidence of conversion. This legal principle helps establish a claim of conversion in civil cases relating to personal property disputes. Understanding the key elements and types of Maine instructions pertaining to this matter is vital. Let's delve into a detailed description of this concept and explore its different types. Definition: Conversion refers to the wrongful possession or disposal of another person's personal property without their consent. By demanding the return of the property and receiving a refusal, the owner can establish that the other party has converted their possession. Maine's law recognizes that this demand for and refusal of possession can be used as prima facie evidence of conversion, which means it provides sufficient evidence to establish a presumption of conversion until rebutted. Maine Instruction to Jury — Standard: The standard Maine instruction to the jury instructs them on their duty to consider the demand for and refusal of possession as prima facie evidence of conversion. It outlines that if the plaintiff, who is the rightful owner of the property, can prove that they demanded the return of their property and the defendant refused to surrender it, this can be considered as evidence of conversion. The jury is then guided on how to evaluate the weight and effect of this evidence in relation to the overall case. Maine Instruction to Jury — Additional Factors: Sometimes, additional factors may be present that strengthen the prima facie evidence of conversion. While these factors may vary from case to case, they generally include circumstances such as the defendant's knowledge that they were not the rightful owner, their intent to permanently deprive the rightful owner, or even their attempt to conceal or dispose of the property. In such cases, the jury is instructed to consider these factors alongside the demand for and refusal of possession to assess whether conversion has occurred. Maine Instruction to Jury — Rebuttal: Although demand for and refusal of possession creates a presumption of conversion, the burden falls on the defendant to rebut this presumption. The defendant may introduce evidence to challenge the owner's assertion or present a legitimate excuse for their possession or refusal to return the property. If the defendant successfully provides evidence that explains their actions, the presumption of conversion may be weakened or eliminated. Conclusion: Maine's instruction to the jury regarding demand for and refusal of possession as prima facie evidence of conversion plays a crucial role in civil cases involving personal property disputes. It helps guide the jury in establishing whether conversion took place based on the owner's demand for return and the defendant's refusal to surrender the property. This instruction can be modified to include additional factors that strengthen the evidence of conversion, and it allows the defendant the opportunity to rebut the presumption by presenting valid evidence or excuses. Understanding these instructions is essential for both litigants and legal professionals involved in property-related legal matters in Maine.
