Title: Understanding Tennessee Instruction to Jury: Conversion through Refusal to Deliver Goods, Demand, Tender of Freight, and Storage Charges Introduction: In Tennessee, the law recognizes that a refusal to deliver goods after proper demand and tender of freight and storage charges can constitute an act of conversion. Conversion refers to an unauthorized and wrongful interference with another person's property that causes substantial deprivation of their rights. This article will provide a detailed description of Tennessee Instruction to Jury regarding conversion in cases involving refusal to deliver goods. Additionally, we will explore different types of instructions that may be relevant to this matter. 1. Tennessee Instruction to Jury: In cases involving refusal to deliver goods after demand and tender of freight and storage charges, the jury should be instructed to consider the following elements: a. Proper Demand: The party seeking delivery of goods must establish that they made a proper demand for the items. A proper demand should clearly communicate the request for immediate delivery and indicate that all necessary obligations, such as payment or compliance with terms of the agreement, have been met. b. Tender of Freight and Storage Charges: The party seeking delivery must demonstrate that they tendered the appropriate freight and storage charges as agreed upon or in accordance with statutory requirements. This tender serves as evidence of the plaintiff's willingness to pay and fulfill their obligations. c. Unjustified Refusal: The jury should determine whether the defendant's refusal to deliver the goods was unjustified. Factors to consider include any valid reasons for non-delivery presented by the defendant, such as a breach of contract by the plaintiff, failure to provide proper documentation, or other lawful justifications. d. Substantial Deprivation: The plaintiff must establish that the defendant's refusal to deliver the goods has caused them substantial deprivation of their rights. This means that the acts of the defendant have disrupted the plaintiff's lawful possession or prevented them from exercising their rights over the goods. 2. Different Types of Tennessee Instruction to Jury: In cases involving refusal to deliver goods after demand and tender of freight and storage charges, variations of the Tennessee Instruction to Jury can be relevant. Some of these may include: a. Instruction Differentiating Between Intentional and Unintentional Conversions: Where applicable, the jury instruction may differentiate between intentional conversions (where the defendant had the intent to interfere with the plaintiff's property rights) and unintentional conversions (where the defendant's actions unintentionally resulted in deprivation of the plaintiff's rights). b. Instruction Addressing Damages: This instruction may focus on informing the jury about the types of damages that can be awarded in conversion cases, such as compensatory damages to cover the value of the goods and any losses suffered due to the deprivation. c. Instruction Covering Mitigation of Damages: If the defendant claims that the plaintiff failed to mitigate their damages (e.g., by not seeking alternative sources for the goods), the jury may receive an instruction guiding them on how to evaluate the defendant's mitigation argument. Conclusion: Understanding Tennessee Instruction to Jury in cases involving the refusal to deliver goods after demand and tender of freight and storage charges is crucial to successfully proving conversion. By considering the elements discussed and potential variations of instructions, parties involved can navigate the legal intricacies of this type of conversion claim effectively.