Montana Instruction to Jury for Conversion in Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges In the state of Montana, when a party refuses to deliver goods after a rightful demand and tender of freight and storage charges, it can constitute conversion. Conversion refers to the wrongful exercise of control over another person's property, in a manner inconsistent with their ownership rights. This instruction to the jury outlines the legal principles and requirements for finding conversion in cases where the refusal to deliver goods has occurred after demand and tender of freight and storage charges. 1. Definition of conversion: Conversion is the wrongful act of exercising control over another person's property that deprives the rightful owner of its use or possession. In this case, it involves the refusal to deliver goods despite a proper demand and the tender of freight and storage charges. 2. Requirements for conversion: a. Demand: The plaintiff must have made a lawful demand for the delivery of the goods. A demand is considered lawful if it adheres to the terms of the agreement or established legal obligations between the parties. b. Tender of freight and storage charges: The plaintiff must have tendered the agreed-upon or reasonable freight and storage charges associated with the goods. This requires the plaintiff to tender the exact amount owed or a reasonable estimate of the charges if the exact amount is unknown. c. Refusal to deliver: The defendant must have willfully refused to deliver the goods to the plaintiff despite the proper demand and tender of freight and storage charges. It is important to establish that the defendant's actions were intentional and not a result of mistake or other legitimate reasons. 3. Elements to consider: a. Ownership of the goods: The plaintiff must establish that they are the rightful owner or have a legal interest in the goods. This can be proven through documentation, contracts, or other evidence demonstrating their ownership or entitlement to the goods. b. Proper demand and tender: The plaintiff must present evidence demonstrating that they made a lawful demand and tendered the required freight and storage charges. This can include written correspondence, invoices, receipts, or any other relevant documentation. c. Willful refusal: The plaintiff should provide evidence to establish that the defendant intentionally refused to deliver the goods despite the lawful demand and tender of charges. This can be demonstrated through witness testimonies, communication records, or other supporting evidence. 4. Possible types of Montana Instruction to Jury for Conversion: a. Instruction on Conversion as a Civil Tort: This instruction focuses on the legal principles and elements of conversion as a civil tort, explaining the necessary requirements for finding the defendant liable for conversion in refusal to deliver goods after demand and tender of freight and storage charges. b. Instruction on Damages in Conversion Cases: This instruction discusses the various types of damages that may be awarded in a conversion case, such as compensatory damages to cover the value of the goods, consequential damages for any resulting losses, and potentially punitive damages for willful misconduct. c. Instruction on Mitigating Factors in Conversion: This instruction addresses any possible mitigating factors that may affect the determination of liability for conversion. It guides the jury on considering factors like mistake, duress, or other circumstances that may excuse or reduce the defendant's liability. By providing clear instructions to the jury, the court ensures that the legal principles and requirements for finding conversion in refusal to deliver goods after demand and tender of freight and storage charges are properly understood and applied. This allows for a fair and informed decision-making process in these types of cases.