A trespass to personal property is t he 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. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Tennessee Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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How to fill out Instruction To Jury That Demand For And Refusal Of Possession Is Prima Facia Evidence Of Conversion?
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FAQ
The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.
Conversion is an intentional tort, and a party seeking to make out a prima facie case of conversion must prove (1) the appropriation of another's property to one's own use and benefit, (2) by the intentional exercise of dominion over it, (3) in defiance of the true owner's rights.
Conversion is an unauthorized act which deprives another of his/her property permanently or for an indefinite time[i]. The using of a thing, without the license of the owner, and also a wrongful sale of it, is a conversion[ii].
Conversion occurs when one person intentionally takes another's tangible personal property. Trespass occurs when one person intentionally interferes or intermeddles with another's right of possession of tangible personal property without actually taking it away.
To be conversion, a taking of property must be without the owner's consent. There must be some act giving the taker some control over the object, though actual physical removal is not essential. The taking need not be malicious or even knowledgeable.
The standard remedy for conversion is a judgment for damages in an amount equal to the fair market value of the property. Punitive damages are also possible, because conversion is an intentional tort. The standard remedy in a detinue action is an order that the property be returned.
Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff.
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.