New Hampshire 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. Title: Understanding New Hampshire Jury Instructions for Conversion in Refusal to Deliver Goods and Tender of Freight Introduction: In legal terms, conversion refers to an act of unlawfully interfering with someone else's property rights, typically by wrongfully withholding or disposing of their goods. When it comes to refusal to deliver goods after demand and tender of freight and storage charges, New Hampshire provides specific instructions to the jury regarding what constitutes conversion. This article aims to provide a detailed overview of New Hampshire's jury instructions in such cases, including different types of instructions that may be applicable. I. Definition of Conversion: Conversion, as per New Hampshire law, refers to the intentional exercise of dominion or control over someone else's property that significantly interferes with their right to ownership, to the extent that it is equivalent to denying them the possession and use of the goods. II. Refusal to Deliver Goods after Demand: 1. Conversion by Withholding: In cases where a person refuses to deliver goods after a lawful demand, the jury may be instructed that such refusal can be deemed as conversion if it involves intentional interference with the owner's right to immediate possession, use, or enjoyment of the goods. The intent to deny the owner's rights is crucial to establish conversion. 2. Unreasonable Delay: New Hampshire jury instructions acknowledge that if the refusal to deliver goods is accompanied by an unreasonable delay without just cause or excuse, the jury may infer an intent to convert. Unreasonable delay signifies an intentional hindrance in the owner's ability to possess or dispose of the goods within a reasonable time. III. Tender of Freight and Storage Charges: 1. Conversion by Non-Payment: If a person refuses to deliver goods after a lawful demand accompanied by the tender of freight and storage charges, the jury may be instructed that such refusal can be considered conversion. The refusal to accept payment indicates an intentional denial of the owner's right to possession, even after fulfilling their financial obligations. 2. Reasonable Time for Payment: If the owner has offered tender of freight and storage charges within a reasonable time, failure to accept payment and deliver the goods may indicate conversion. IV. Damage Awards: In cases of conversion, the jury may be instructed to consider awarding damages to the rightful owner. Damages may include the value of the converted goods, any loss of use or profit caused by the conversion, and sometimes additional damages as determined by the court. Conclusion: New Hampshire's jury instructions aim to guide jurors in determining whether the refusal to deliver goods after demand and tender of freight and storage charges constitutes conversion. By examining intentional interference with the owner's property rights, unreasonable delay, and proper tender and non-acceptance of payment, the jury can accurately determine whether conversion has occurred. These instructions help ensure fair and just outcomes in situations involving the wrongful withholding of goods.

Title: Understanding New Hampshire Jury Instructions for Conversion in Refusal to Deliver Goods and Tender of Freight Introduction: In legal terms, conversion refers to an act of unlawfully interfering with someone else's property rights, typically by wrongfully withholding or disposing of their goods. When it comes to refusal to deliver goods after demand and tender of freight and storage charges, New Hampshire provides specific instructions to the jury regarding what constitutes conversion. This article aims to provide a detailed overview of New Hampshire's jury instructions in such cases, including different types of instructions that may be applicable. I. Definition of Conversion: Conversion, as per New Hampshire law, refers to the intentional exercise of dominion or control over someone else's property that significantly interferes with their right to ownership, to the extent that it is equivalent to denying them the possession and use of the goods. II. Refusal to Deliver Goods after Demand: 1. Conversion by Withholding: In cases where a person refuses to deliver goods after a lawful demand, the jury may be instructed that such refusal can be deemed as conversion if it involves intentional interference with the owner's right to immediate possession, use, or enjoyment of the goods. The intent to deny the owner's rights is crucial to establish conversion. 2. Unreasonable Delay: New Hampshire jury instructions acknowledge that if the refusal to deliver goods is accompanied by an unreasonable delay without just cause or excuse, the jury may infer an intent to convert. Unreasonable delay signifies an intentional hindrance in the owner's ability to possess or dispose of the goods within a reasonable time. III. Tender of Freight and Storage Charges: 1. Conversion by Non-Payment: If a person refuses to deliver goods after a lawful demand accompanied by the tender of freight and storage charges, the jury may be instructed that such refusal can be considered conversion. The refusal to accept payment indicates an intentional denial of the owner's right to possession, even after fulfilling their financial obligations. 2. Reasonable Time for Payment: If the owner has offered tender of freight and storage charges within a reasonable time, failure to accept payment and deliver the goods may indicate conversion. IV. Damage Awards: In cases of conversion, the jury may be instructed to consider awarding damages to the rightful owner. Damages may include the value of the converted goods, any loss of use or profit caused by the conversion, and sometimes additional damages as determined by the court. Conclusion: New Hampshire's jury instructions aim to guide jurors in determining whether the refusal to deliver goods after demand and tender of freight and storage charges constitutes conversion. By examining intentional interference with the owner's property rights, unreasonable delay, and proper tender and non-acceptance of payment, the jury can accurately determine whether conversion has occurred. These instructions help ensure fair and just outcomes in situations involving the wrongful withholding of goods.