Tort Remedies: Application of Remedies to Specific Torts: Injuries to Personal Property

Question 1

Destruction of Chattel

Answer 1

Value of chattel at time it was destroyed, LESS
Salvage, PLUS
Interest

Loss of use = generally not recoverable unless:

1. chattel was income producing and
2. not easily replaceable

Question 2

Injury to chattel

Answer 2

EITHER:
1. diminution in value; OR
2. cost of repair (limited to market value)
 \+
3.  loss of use

Question 3

Dispossession of Chattel (conversion)

Answer 3

In general –>
[Market value at time of conversion] +
[interest] +
[expenditures in pursuit of the property]

Punitive damages –> available IF there was malicious conduct

If value FLUCTUATES –>
- highest value btwn time of conversion and reasonable time to cover

If chattel is IMPROVED and conversion is WILLFUL –> then increased value is recoverable

Question 4

With regards to dispossession of chattel, does P have duty to mitigate by accepting chattel?

Answer 4

No.

P may force converter to purchase

HOWEVER –> if he does accept the chattel, damages are reduced by value of chattel at time of return

Question 5

What are the restitutionary remedies for dispossession of chattel?

Answer 5

1. Self help - (reasonable force to recapture)
2. replevin
3. quasi-contract
4. constructive trust (only if title obtained. If thief sells property, trust can be imposed on proceeds)
5. equitable lien
6. mandatory injunction (only if chattel is so unique that money damages and replevin are inadequate)