Intro & Rightful Position

Question 1

Out of Pocket?

Answer 1

Special Damages

Question 2

Hatahley

Answer 2

restore the injured party as nearly as possible to the position he would have been in but for the wrong

plaintiffs were entitled to the market value, or replacement cost of burros and horses as of the time of taking, plus the use value of the animals

Question 3

The starting position (the rightful position)

Answer 3

fair market value or replacement cost, then the USE.
* Use: Condition, age, sex. Damages must be proven with specificity. Must be causally related to the taking at issue.

Question 4

one-satisfaction rule

Answer 4

Plaintiff cannot recover the same item of damage more than once.

Question 5

• In re 9/11 Litigation

Answer 5

“lesser of two” rule – a plaintiff whose property has been injured may recover the lesser of the diminution of the property’s market value or its replacement cost. (Applies even when the property has been completely destroyed).
o Diff in fair market value before and after or the cost of replacement.
 Exceptions do arise, ex. special purpose properties.
* Torts – damges associated with separate contract for rebuilding must be proximately caused. Here, the damage was not foreseen (Palsgraf – p. 18 top)

Question 6

• Test for Specialty properties

Answer 6

whether the use to which the property is put at the time of the tort is a unique use, suitable only to the owner, and without a fair market value.
* (1) when thinking of tort claim and restoring plaintiff to rightful position after destruction of prop diff in fair market value before and after accident OR replacement cost.

Question 7

Sentimental value

Answer 7

Some court allow recovery usual or reasonable sentimental value….some say only entitled to value lost and others will allow addl compensation.

Question 8

• Personal property

Answer 8

market value – depreciation cost = damages.