Remedies Ch. 6 Conversion and Trespass to Chattels | Quizlet

For harm to personal property, what are typical consequential damages?

Loss of use
Loss of wages/productivity
Diminution

Loss of use damages within a business context requires...

The plaintiff will need to prove actual economic loss

Loss of use damages within a family or individual (not a business) will be...

Automatically granted to a reasonable amount

What is the damages standard for clothing, furniture, household goods, etc.?

The actual (or utility) value of the items to the owner for use in the condition in which they were in at the time of the incident.

What is the starting rule for determining the general harm damages for personal property that was completely destroyed or partially injured by a tort?

Choose the lesser of the pre-tort fair market value of the item of personal property or the cost to repair the item of personal property.

(Fair) Market Value (or FMV) is calculated by what type of evidence?

Verifiable, quantifiable, and measurable represented by reliable testimony of original purchase price, records, receipts of improvements, etc. (Ex. "I purchased the car in 2019 for $15,000)
FMV is not substantiated through the Plaintiff's unsubstantiated and conjectural opinion. (Ex. "I think a junkyard would probably have paid me $1,000 for the car.")

In a conversion claim, a plaintiff can recover mental harm (or sentimental value) if the defendant...

Maliciously intended to cause mental suffering when harming the personal property or acted extremely recklessly

Diminished Value (diminution damages) are what?

Property is repaired after an accident, but it has lost FMV. (Ex. Cars are often worth less after major repairs)