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

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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.

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FAQ

Conversion is a tort that occurs when a person ?willfully interferes with the personal property of another without lawful justification, depriving the lawful possessor of use and possession.? Williamson v. Prasciunas, 661 N.W. 2d 645, 649 (Minn.

A conversion occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property. It is a tort which allows the injured party to seek legal relief. This article shall discuss the basic law involving conversion.

The two elements of a conversion claim are 1) that the plaintiff actually had the right to possess the property and 2) that the defendant actually assumed control over the property that the plaintiff had a right to control and possess, and thereby interfered with the plaintiff's property in a manner that infringed on ...

Minnesota courts have said: To constitute conversion, one must exercise dominion over property that is inconsistent with the owner's right to the property, or some act must be done that destroys or changes the character of the property or deprives the owner of possession permanently or for an indefinite length of time.

An example might be tapping someone's secured wireless LAN or public utility line (which could also amount to theft of services). Another example might be taking a joy ride in a car, never intending to keep it from the owner.

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