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.
Chicago Illinois Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In the state of Illinois, unauthorized sale of personal property can be deemed as conversion, which is a wrongful act against the owner's rights. This instruction to the jury aims to explain the various aspects and types of unauthorized sale of personal property that can be considered conversion under Chicago law. Understanding these different types is crucial for ensuring a fair and just trial. 1. Definition of Unauthorized Sale: — Unauthorized sale refers to the act of disposing or transferring someone else's personal property without obtaining proper legal permission or authority. Any sale conducted without the owner's consent can potentially constitute conversion. 2. Elements of Conversion: To establish a claim for conversion, the following elements must be proven: — Ownership or right to possess the property: The plaintiff must demonstrate that they had a lawful right to own or possess the property being sold without authorization. — Intentional act: The defendant's act of selling the property must be intentional, meaning they knowingly engaged in the sale without proper authority. — Interference with ownership rights: The unauthorized sale must interfere with the plaintiff's ownership rights, depriving them of their rightful possession or control over the property. — Damages: The plaintiff must have suffered damages as a result of the unauthorized sale. This can include the loss of value, inability to use or enjoy the property, or any other monetary or non-monetary harm. 3. Types of Unauthorized Sale as Conversion: While the unauthorized sale encompasses a broad range of actions, several specific types may be considered conversion under Chicago Illinois law. These include: a. Theft-related Unauthorized Sale: — When a defendant intentionally steals someone's personal property and subsequently sells it without permission, it constitutes conversion. The theft, followed by the sale, demonstrates the defendant's wrongful intent to permanently deprive the owner of their property. b. Fraudulent Sale: — If the defendant obtains the property through fraudulent means, such as misrepresentation, scams, or false pretenses, and later sells it without authorization, it can be held as conversion. The fraudulent acquisition and subsequent unauthorized sale demonstrate the defendant's intentional interference with the owner's rights. c. Unauthorized Consignment Sale: — In cases where the defendant sells someone's personal property without proper authority, which was entrusted to them as a consignment, it can be considered conversion. By breaching the terms of the consignment agreement and selling the property without consent, the defendant interferes with the owner's right to control the merchandise. d. Sale of Property Subject to a Lien or Encumbrance: — If the defendant sells personal property that is subject to a lien or encumbrance without settling the outstanding obligations, it may amount to conversion. By disposing of such property without resolving the legal claims against it, the defendant interferes with the owner's ability to resolve their debts or obligations. It is crucial for the jury to grasp these types of unauthorized sale as conversion in order to make an informed decision in accordance with Chicago Illinois law. The evidence presented during the trial should be evaluated considering these specific types, allowing for the just resolution of cases involving unauthorized sale of personal property.Chicago Illinois Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In the state of Illinois, unauthorized sale of personal property can be deemed as conversion, which is a wrongful act against the owner's rights. This instruction to the jury aims to explain the various aspects and types of unauthorized sale of personal property that can be considered conversion under Chicago law. Understanding these different types is crucial for ensuring a fair and just trial. 1. Definition of Unauthorized Sale: — Unauthorized sale refers to the act of disposing or transferring someone else's personal property without obtaining proper legal permission or authority. Any sale conducted without the owner's consent can potentially constitute conversion. 2. Elements of Conversion: To establish a claim for conversion, the following elements must be proven: — Ownership or right to possess the property: The plaintiff must demonstrate that they had a lawful right to own or possess the property being sold without authorization. — Intentional act: The defendant's act of selling the property must be intentional, meaning they knowingly engaged in the sale without proper authority. — Interference with ownership rights: The unauthorized sale must interfere with the plaintiff's ownership rights, depriving them of their rightful possession or control over the property. — Damages: The plaintiff must have suffered damages as a result of the unauthorized sale. This can include the loss of value, inability to use or enjoy the property, or any other monetary or non-monetary harm. 3. Types of Unauthorized Sale as Conversion: While the unauthorized sale encompasses a broad range of actions, several specific types may be considered conversion under Chicago Illinois law. These include: a. Theft-related Unauthorized Sale: — When a defendant intentionally steals someone's personal property and subsequently sells it without permission, it constitutes conversion. The theft, followed by the sale, demonstrates the defendant's wrongful intent to permanently deprive the owner of their property. b. Fraudulent Sale: — If the defendant obtains the property through fraudulent means, such as misrepresentation, scams, or false pretenses, and later sells it without authorization, it can be held as conversion. The fraudulent acquisition and subsequent unauthorized sale demonstrate the defendant's intentional interference with the owner's rights. c. Unauthorized Consignment Sale: — In cases where the defendant sells someone's personal property without proper authority, which was entrusted to them as a consignment, it can be considered conversion. By breaching the terms of the consignment agreement and selling the property without consent, the defendant interferes with the owner's right to control the merchandise. d. Sale of Property Subject to a Lien or Encumbrance: — If the defendant sells personal property that is subject to a lien or encumbrance without settling the outstanding obligations, it may amount to conversion. By disposing of such property without resolving the legal claims against it, the defendant interferes with the owner's ability to resolve their debts or obligations. It is crucial for the jury to grasp these types of unauthorized sale as conversion in order to make an informed decision in accordance with Chicago Illinois law. The evidence presented during the trial should be evaluated considering these specific types, allowing for the just resolution of cases involving unauthorized sale of personal property.
