Allegheny Pennsylvania Instruction to Jury Regarding Effect of Conversion of Part of Chattel

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Allegheny
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US-01356BG
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Description

A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.


The term "chattel" refers to moveable items of property which are neither land nor permanently attached to land or a building. A chattel is personal property as distinguished from real property.

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FAQ

Damages for conversion are the awards someone seeks in a conversion case. They are compensation for actual losses of personal property. Conversion is depriving an individual's rights to use or possess his or her personal property.

Conversion is an intentional tort, which means: that the party suing must prove that the defendant purposely meant to deprive the owner of his or her property.

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.

In sum, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff's consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant's actions. Actual damage is not necessarily a required element of a trespass to chattels claim.

Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.

A conversion is usually proved in one of three ways: by tortuous taking; by any use or appropriation of the use of the person in possession, indicating a claim of right in opposition to rights of the owner; or. refusal to give up possession to the owner on demand.

Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny.

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.

There are four elements to the tort of conversion. Title to sue. There must be possession or right to possession of property at the time of the conversion.Proof of demand by the plaintiff.Refusal to deliver them up.Consequential damage.Necessity.Abatement (also known as self-help)Consent.Damages.

Damages Available: A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.

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Allegheny Pennsylvania Instruction to Jury Regarding Effect of Conversion of Part of Chattel