Money Damages (Substitutionary Relief)

Question 1

Money damages..

Answer 1

The plaintiff may want to be compensated for her injury by using substitutionary relief. This aims to put her (the injured party) back in the/her rightful position. Money is used as a stand in to substitute what she may have lost.

Question 2

The rightful position is measured

Answer 2

Objectively (Hatahley)

Question 3

What is chattel damage?

Answer 3

Conversion or trespass to chattel (both substitutionary relief)

Question 4

Conversion

Answer 4

= Total Loss

Question 5

General Rule for Conversion

Answer 5

Generally, conversion damages will be measured by the FMV of the chattel at the time and place of the conversion.

Question 6

Three different measurements to determine FMV

Answer 6

Diminution in value
Loss of Use
Sentimental/Special Value (Minority)

Question 7

Trespass to chattel=

Answer 7

property damage (not a total loss)

Question 8

General Rule for Trespass to chattel

Answer 8

Measure of damages is either:
cost of repair or
diminution in value
**courts have latitude to pick which one

Question 9

ƒ: if π wins a conversion case ≈

Answer 9

∆ will pay the full value of the property/chattel but then title to that chattel passes to the ∆ (= a forced sale)
*like totaling out a car.

Question 10

Hatahley

Answer 10

Court resolved the damage calculation with FMV up until the time the π could have reasonably recovered. This is the classical rule of dealing with Property Damage.
=Valuation is an objective measure and FMV is most objective

Question 11

In Re Sept 11th (2008)

Answer 11

Court can award something more than FMV if fits exception and is unique.
Here, saying symbolic. <- but still rent to be had, so had a value. (bidding process for leases meant there was a MV.
Odd/unique= risky if your asking for LOST MONEY FROM A RENTAL agreement (in K)

Question 12

The plaintiff may want to be compensated for her injury by using substitutionary relief. This aims to put her (the injured party) back in the/her rightful position. Money is used as a stand in to substitute what she may have lost.

Answer 12

money damages

Question 13

Promissory estoppel

Answer 13

The doctrine of promissory estoppel provides that a promise reasonably expected to induce action and that does induce detrimental reliance is an enforceable promise limited to recovery for RELIANCE DAMAGES.