Pg 6 Flashcards
If there’s any salvage value for destroyed property, what do you do?
That salvage value is deducted from the replacement cost
If a defendant hits plaintiff’s car, and plaintiff’s car is worth $10,000 but is suddenly a write off, but can be sold for scrap for $500, what does the plaintiff recover?
She recovers $9500, which is the market value minus the salvage value. ***This is extra points on an essay
If property can’t be repaired for less than its pre-tort value, what do you do?
It goes into the “destroyed“ category
With regard to destruction of personal property, what can be recovered for the loss of use?
You can get the fair rental value of the property (either the amount the plaintiff could have gotten by renting the property out in its pre-tort condition, or the reasonable cost of renting a substitute). CL does not give this, but modernly it is allowed in addition to the replacement cost.
If a plaintiff’s car is totalled in a wreck, and it takes one week to get a replacement, what does the plaintiff get with regard to that one week?
She also gets the fair rental value of the car for that period. This can be given even if there was no out-of-pocket loss because the problem was the interference with the right of the plaintiff to use her property, so that is what has been compensated.
If property has been destroyed and you are also being compensated for the fair rental value of the property during the period that it is being repaired, how long does that period last?
The amount of time that is reasonably required to make repairs. Sometimes longer periods can be allowed if there were delays like waiting for parts, or the plaintiff doesn’t have enough money to make repairs
What can you recover if there has been destruction of your dog or some sentimental thing?
You can only recover the fair market value, not the sentimental value of the dog to its owner. Although some courts allow the owner to recover the loss for things like family heirlooms, photos, or trophies and they include sentimental value. But this is limited to property whose value is purely sentimental, not just items that happen to have emotional value to the owner
What is betterment?
This is when someone’s used item gets destroyed or damaged and then they get something new in return. It is not considered to be fair in the eyes of the law.
How does the law avoid betterment?
When they figure out the value of property that is being replaced, they always deduct depreciation to reflect the property was used. Then it avoids the unfairness of getting brand new property for used property
What is involved in the tort category of damage to personal property?
The property is not destroyed, it is just damaged. In this case the owner can get either:
- the DIMINUTION in value to the property [comparison of the value of the property before the damage and the value after], or
- the reasonable cost to REPAIR the property plus the loss of use.
WHICHEVER IS LESS
What is the idea behind remedies for damage to personal property?
The idea is that when the property is repaired it will equal its pre-tort value [although this is not always true].
What is the major requirement when the court is awarding a remedy for damages to personal property?
The cost to repair must be economically feasible. Some courts say that repairs cannot exceed the pre-tort value of the property, while others use diminution in value as the ceiling on recovery
How do you decide whether to repair damage to personal property or deem it destroyed?
If the cost to repair exceeds the market value of the vehicle, it is treated like it was destroyed and replacement costs are given
What happens in Ming vase cases when the property is damaged and the market value of it is reduced even after it has been repaired?
If it can be shown that the repaired property’s value will not equal the pre-injury value, courts give the cost to repair AND the diminution in value. This is usually just for unique items or works of art (although some courts give it for cars).
Is it possible for someone to recover the value of his clothes to him personally?
Yes, instead of just recovering the low value of used clothes. But things like quilts that have low market value but huge sentimental value usually only get the fair market value