New Jersey 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: New Jersey Instruction to Jury: Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges as Conversion Keywords: New Jersey, instruction to jury, refusal to deliver goods, demand, tender of freight, storage charges, conversion Introduction: In the state of New Jersey, a specific instruction is given to the jury regarding the legal concept of conversion when a party refuses to deliver goods despite a valid demand and tender of freight and storage charges. This instruction guides the jury in assessing whether the refusal constitutes the conversion of goods. In the following sections, we will provide a detailed description of this New Jersey instruction to the jury and explore possible variations of this instruction. 1. New Jersey Instruction to Jury on Conversion: The New Jersey Instruction to the Jury clarifies that the refusal by a party to deliver goods after a valid demand and tender of freight and storage charges can be considered a conversion. Conversion refers to the wrongful interference with another person's property rights. This instruction assists the jury in understanding the legal standard for assessing such cases and holding the refusing party accountable. 2. Elements Required for Conversion: To establish conversion in New Jersey, the jury must consider the following essential elements: a) A valid demand for delivery of goods: The party seeking delivery must have made a clear and reasonable demand for the goods. b) Tender of freight and storage charges: The demanding party must have offered or tendered the necessary payment for the freight and any storage charges applicable. c) Unjustifiable refusal to deliver: The refusal by the other party to deliver the goods, without proper justification, despite complying with the demands and tender of charges. 3. Application of New Jersey Instruction to Jury: When a case involves a refusal to deliver goods after demand and tender of freight and storage charges, the court may instruct the jury as follows: a) The jury should evaluate whether a valid demand for delivery was made by the plaintiff and whether the demand was clear, reasonable, and appropriate. b) The jury should consider whether the plaintiff had tendered or offered the freight and storage charges that were due or legally required. c) If the jury finds that the defendant unjustifiably refused to deliver the goods despite complying with the demand and tender of charges, they may conclude that conversion has occurred. 4. Variations of New Jersey Instruction to Jury on Conversion: While the core principles behind the instruction remain consistent, there may be variations based on the specific facts or circumstances of a case. Some possible variations include differentiating between commercial and non-commercial transactions, considering the nature of the goods involved, or addressing any agreed-upon conditions for delivery. These variations may be determined by legal precedents, relevant statutes, or instructions provided by the judge overseeing the case. Conclusion: The New Jersey Instruction to Jury on Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges as Conversion serves as a guideline for jurors in determining instances of wrongful refusal to deliver goods. By considering the elements of conversion and assessing the demanding party's compliance with their obligations, the jury can make fair and informed decisions regarding the conversion claim.

Title: New Jersey Instruction to Jury: Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges as Conversion Keywords: New Jersey, instruction to jury, refusal to deliver goods, demand, tender of freight, storage charges, conversion Introduction: In the state of New Jersey, a specific instruction is given to the jury regarding the legal concept of conversion when a party refuses to deliver goods despite a valid demand and tender of freight and storage charges. This instruction guides the jury in assessing whether the refusal constitutes the conversion of goods. In the following sections, we will provide a detailed description of this New Jersey instruction to the jury and explore possible variations of this instruction. 1. New Jersey Instruction to Jury on Conversion: The New Jersey Instruction to the Jury clarifies that the refusal by a party to deliver goods after a valid demand and tender of freight and storage charges can be considered a conversion. Conversion refers to the wrongful interference with another person's property rights. This instruction assists the jury in understanding the legal standard for assessing such cases and holding the refusing party accountable. 2. Elements Required for Conversion: To establish conversion in New Jersey, the jury must consider the following essential elements: a) A valid demand for delivery of goods: The party seeking delivery must have made a clear and reasonable demand for the goods. b) Tender of freight and storage charges: The demanding party must have offered or tendered the necessary payment for the freight and any storage charges applicable. c) Unjustifiable refusal to deliver: The refusal by the other party to deliver the goods, without proper justification, despite complying with the demands and tender of charges. 3. Application of New Jersey Instruction to Jury: When a case involves a refusal to deliver goods after demand and tender of freight and storage charges, the court may instruct the jury as follows: a) The jury should evaluate whether a valid demand for delivery was made by the plaintiff and whether the demand was clear, reasonable, and appropriate. b) The jury should consider whether the plaintiff had tendered or offered the freight and storage charges that were due or legally required. c) If the jury finds that the defendant unjustifiably refused to deliver the goods despite complying with the demand and tender of charges, they may conclude that conversion has occurred. 4. Variations of New Jersey Instruction to Jury on Conversion: While the core principles behind the instruction remain consistent, there may be variations based on the specific facts or circumstances of a case. Some possible variations include differentiating between commercial and non-commercial transactions, considering the nature of the goods involved, or addressing any agreed-upon conditions for delivery. These variations may be determined by legal precedents, relevant statutes, or instructions provided by the judge overseeing the case. Conclusion: The New Jersey Instruction to Jury on Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges as Conversion serves as a guideline for jurors in determining instances of wrongful refusal to deliver goods. By considering the elements of conversion and assessing the demanding party's compliance with their obligations, the jury can make fair and informed decisions regarding the conversion claim.