Travis Texas 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
• County: Travis
• 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. Travis Texas Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion: The Travis Texas Instruction to Jury emphasizes the legal principle that the refusal to deliver goods after a valid demand and tender of freight and storage charges can constitute a conversion. A conversion refers to a civil wrong wherein a person wrongfully retains possession or interferes with another person's property, depriving them of their rights. In the specific context of refusing to deliver goods, this instruction guides the jury in determining if the actions of the defendant amount to conversion. Understanding the elements of this instruction is crucial in making informed decisions and providing fair judgments. The instruction calls for analyzing factors such as demand and tender, freight charges, and storage charges. Let's break down each component: 1. Demand: The plaintiff must establish that they made a lawful demand for the delivery of goods to the defendant. This demand can be in writing or verbal, but it must be clear, unambiguous, and communicate the rightful request to receive the goods. 2. Tender of Freight Charges: The plaintiff must further prove that they tendered or offered payment for the freight charges associated with the transportation of the goods. Tender can take various forms, such as paying in advance or making arrangements for payment upon delivery. The instruction stresses that proper tender of freight charges is crucial to establishing the defendant's refusal to deliver as a conversion. 3. Tender of Storage Charges: In case the goods have been held in storage, the plaintiff should also demonstrate that they tendered or offered payment for the storage charges incurred during the period of retention. By combining the concepts of demand, tender of freight charges, and tender of storage charges, the Travis Texas Instruction to Jury forms a comprehensive understanding of the elements required to establish conversion. It is crucial for the jurors to carefully analyze the evidence presented and determine if the defendant's refusal to deliver the goods after a valid demand and proper tender constitutes a conversion. Different types or variations of the Travis Texas Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion may exist due to specific circumstances of the case or potential nuances in relevant laws. For instance, slight variations could arise depending on whether the goods are perishable or non-perishable, the mode of transportation used, contractual agreements between the parties involved, or applicable industry regulations. Each variation may emphasize certain aspects or require additional proof to establish conversion.

Travis Texas Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion: The Travis Texas Instruction to Jury emphasizes the legal principle that the refusal to deliver goods after a valid demand and tender of freight and storage charges can constitute a conversion. A conversion refers to a civil wrong wherein a person wrongfully retains possession or interferes with another person's property, depriving them of their rights. In the specific context of refusing to deliver goods, this instruction guides the jury in determining if the actions of the defendant amount to conversion. Understanding the elements of this instruction is crucial in making informed decisions and providing fair judgments. The instruction calls for analyzing factors such as demand and tender, freight charges, and storage charges. Let's break down each component: 1. Demand: The plaintiff must establish that they made a lawful demand for the delivery of goods to the defendant. This demand can be in writing or verbal, but it must be clear, unambiguous, and communicate the rightful request to receive the goods. 2. Tender of Freight Charges: The plaintiff must further prove that they tendered or offered payment for the freight charges associated with the transportation of the goods. Tender can take various forms, such as paying in advance or making arrangements for payment upon delivery. The instruction stresses that proper tender of freight charges is crucial to establishing the defendant's refusal to deliver as a conversion. 3. Tender of Storage Charges: In case the goods have been held in storage, the plaintiff should also demonstrate that they tendered or offered payment for the storage charges incurred during the period of retention. By combining the concepts of demand, tender of freight charges, and tender of storage charges, the Travis Texas Instruction to Jury forms a comprehensive understanding of the elements required to establish conversion. It is crucial for the jurors to carefully analyze the evidence presented and determine if the defendant's refusal to deliver the goods after a valid demand and proper tender constitutes a conversion. Different types or variations of the Travis Texas Instruction to Jury that Refusal to Deliver Goods after Demand and Tender of Freight and Storage Charges can Constitute Conversion may exist due to specific circumstances of the case or potential nuances in relevant laws. For instance, slight variations could arise depending on whether the goods are perishable or non-perishable, the mode of transportation used, contractual agreements between the parties involved, or applicable industry regulations. Each variation may emphasize certain aspects or require additional proof to establish conversion.