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WI · jury_instructions

Wis JI-Civil 2200.1

Conversion: Refusal to Return Upon Demand (Refusal by Bailee)

activein force · 1993-01-01 – presentas-observed

A conversion is committed by a person who, without justification, refuses to surrender

possession of property to one who is entitled to it. Before you may find that (defendant)

committed a conversion of the property belonging to (owner), (plaintiff) must establish:

1. that (defendant), who had lawfully come into possession of the property,

refused to surrender it to (owner) after (owner) demanded that the property be

returned;

2. that (owner) was entitled to the return of the property; and

3. that the withholding of the property by (defendant) seriously interfered with

the right of (owner) to control and use the property.

A refusal by a person to return the property because of a legitimate reason and for a

reasonable length of time after demand is not a conversion. In addition, a person is not

required to comply with a demand made at an unreasonable time or place, or in an

unreasonable manner, or upon an employee who has no authority to return the property. [In

addition, a person may in good faith detain property for a reasonable time to identify (owner)

or to determine (owner)'s right to possession.]

History

Wis JI-Civil 2200.1 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
9546dc5ced01bf158825faf3143bca06dc91f9f8dab8fb25571bfc5279a31c5e
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