Oregon 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. Oregon Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion In the state of Oregon, it is important to understand the legal implications regarding the refusal to deliver goods after demand and tender of freight and storage charges. This situation can potentially constitute conversion, a serious offense under Oregon law. To ensure a fair trial or understanding, the following Oregon Instruction to Jury provides guidance on this matter: ORS [insert relevant statute number] states that when a demand is made for the delivery of goods, and the proper freight and storage charges have been tendered, the refusal to deliver those goods may be considered conversion. Conversion refers to the wrongful deprivation, destruction, or wrongful exercise of control over another person's property, in this case, the goods in question. The elements that need to be established for conversion in this situation are as follows: 1. Demand for delivery: The party seeking the goods must have made a clear and unambiguous demand for the delivery of the goods to the person or entity in possession or control of the goods. 2. Tendered freight and storage charges: The party seeking the goods must have tendered the appropriate freight and storage charges associated with the goods. This includes any fees or costs incurred during storage or transportation. 3. Refusal to deliver: The person or entity in possession or control of the goods must have willfully and without justification refused to deliver the goods, despite the demand and tender of freight and storage charges. If all these elements are met, the jury may find that the refusal to deliver goods after demand and tender of freight and storage charges constitutes conversion. It is essential to note that conversion is a serious offense, and if found liable, the person or entity may be held responsible for damages resulting from the conversion, including the value of the goods, any resulting financial losses, and potentially punitive damages. Note: There are no specific subtypes or different types of Oregon Instructions to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion. However, variations in specific cases can occur based on the nature of the goods, the circumstances of the demand and tender, and any other relevant factors that may arise during the trial proceedings.

Oregon Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion In the state of Oregon, it is important to understand the legal implications regarding the refusal to deliver goods after demand and tender of freight and storage charges. This situation can potentially constitute conversion, a serious offense under Oregon law. To ensure a fair trial or understanding, the following Oregon Instruction to Jury provides guidance on this matter: ORS [insert relevant statute number] states that when a demand is made for the delivery of goods, and the proper freight and storage charges have been tendered, the refusal to deliver those goods may be considered conversion. Conversion refers to the wrongful deprivation, destruction, or wrongful exercise of control over another person's property, in this case, the goods in question. The elements that need to be established for conversion in this situation are as follows: 1. Demand for delivery: The party seeking the goods must have made a clear and unambiguous demand for the delivery of the goods to the person or entity in possession or control of the goods. 2. Tendered freight and storage charges: The party seeking the goods must have tendered the appropriate freight and storage charges associated with the goods. This includes any fees or costs incurred during storage or transportation. 3. Refusal to deliver: The person or entity in possession or control of the goods must have willfully and without justification refused to deliver the goods, despite the demand and tender of freight and storage charges. If all these elements are met, the jury may find that the refusal to deliver goods after demand and tender of freight and storage charges constitutes conversion. It is essential to note that conversion is a serious offense, and if found liable, the person or entity may be held responsible for damages resulting from the conversion, including the value of the goods, any resulting financial losses, and potentially punitive damages. Note: There are no specific subtypes or different types of Oregon Instructions to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion. However, variations in specific cases can occur based on the nature of the goods, the circumstances of the demand and tender, and any other relevant factors that may arise during the trial proceedings.