Pg 6

Question 1

If there’s any salvage value for destroyed property, what do you do?

Answer 1

That salvage value is deducted from the replacement cost

Question 2

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?

Answer 2

She recovers $9500, which is the market value minus the salvage value. ***This is extra points on an essay

Question 3

If property can’t be repaired for less than its pre-tort value, what do you do?

Answer 3

It goes into the “destroyed“ category

Question 4

With regard to destruction of personal property, what can be recovered for the loss of use?

Answer 4

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.

Question 5

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?

Answer 5

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.

Question 6

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?

Answer 6

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

Question 7

What can you recover if there has been destruction of your dog or some sentimental thing?

Answer 7

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

Question 8

What is betterment?

Answer 8

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.

Question 9

How does the law avoid betterment?

Answer 9

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

Question 10

What is involved in the tort category of damage to personal property?

Answer 10

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

Question 11

What is the idea behind remedies for damage to personal property?

Answer 11

The idea is that when the property is repaired it will equal its pre-tort value [although this is not always true].

Question 12

What is the major requirement when the court is awarding a remedy for damages to personal property?

Answer 12

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

Question 13

How do you decide whether to repair damage to personal property or deem it destroyed?

Answer 13

If the cost to repair exceeds the market value of the vehicle, it is treated like it was destroyed and replacement costs are given

Question 14

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?

Answer 14

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).

Question 15

Is it possible for someone to recover the value of his clothes to him personally?

Answer 15

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

Question 16

What do you do to figure out the remedy if the property that has been damaged has no market value?

Answer 16

Consider these factors:

• replacement cost
• depreciation
• expert opinion
• amount of insurance

Question 17

Is it required that an owner actually repairs his damage to personal property once he gets a remedy for it?

Answer 17

No, he can pocket that money and keep the damage. Ie: barge case where a boat was a write off but the owner was using it to haul timber and then it got scraped by the defendant. The scrape didn’t affect its market value or seaworthiness, but the court found that the defendant was responsible to restore the vessel to the condition it was in before the collision since the repairs and deprivation of use didn’t exceed the ship’s value.

Question 18

Modernly what is the extra thing that an owner can recover besides just damages to his personal property?

Answer 18

Fair rental value of the property while the item is being repaired or replaced (amount plaintiff could’ve gotten by renting out the property in its pre-tort condition or the reasonable value of renting a substitute). ***Extra points

Question 19

What is involved in the category of taking personal property?

Answer 19

• conversion

- trespass to chattel

Question 20

How do you know if there has been a conversion or just a trespass to chattle with regard to taking a personal property?

Answer 20

– conversion: more substantial damage to the property or the period of dispossession
– trespass to chattel: less substantial damage

Question 21

What is the remedy for conversion?

Answer 21

A forced sale of the property. P gets the fair market value at the time the property was taken, but defendant owns the property.

Question 22

What is the remedy for trespass to chattel?

Answer 22

• property is returned to the P and he gets the repair value for damages if the property was damaged, or
  – he gets the rental value for the period of dispossession

Question 23

Can a plaintiff get loss of use in addition to the regular damages if there has been trespass to his chattel?

Answer 23

Yes

Question 24

What must a plaintiff suffer in order to recover damages for trespass to chattel?

Answer 24

Either damage to his property [so he can get repair value] or a period of dispossession [so he can get loss of use or rental value]

Question 25

What do you do in order to give damages when there has been a taking of personal property when the value of the item fluctuates?

Answer 25

Give the market value at the time of conversion, or the highest market value between the date that the plaintiff learned of the conversion and a reasonable time afterward [the time necessary for a reasonable investor to buy replacement property, depending on the circumstances]

Question 26

What is involved in the category of injury to real property?

Answer 26

``` This involves anything that is attached to the land being considered real property, such as a planted tree. The major categories are: – DESTRUCTION of RP - DAMAGE to RP - damages for TRESPASS – damages for NUISANCE ```

Question 27

What are the major categories of tort damages?

Answer 27

– injury to personal property – injury to real property – personal injury – injuries that result in death

Question 28

What are the categories involved in contract damages?

Answer 28

– employment contracts – construction contracts - sale of goods contracts – land sale or real property contracts

Question 29

What is the remedy given if there has been destruction of real property?

Answer 29

- either diminution in value to the land [difference between the market value before and after the injury], OR – cost to rebuild the destroyed portion of the land Whichever is less

Question 30

When is real property considered to be destroyed?

Answer 30

When the land is so harmed that it becomes valueless. This could happen if it is submerged underwater, a critical feature like farmability is ruined, etc.

Question 31

If prime farmland ends up having chemicals leaching into the soil and it’s impossible to grow things, would that be considered damage to real property or destruction of real property?

Answer 31

Destruction because it is now essentially valueless

Question 32

What do you get if there has been damage to a fixture?

Answer 32

The cost of repair and installation as long as it doesn’t exceed the actual value of the fixture

Question 33

What is a fixture?

Answer 33

Something that is attached to the land and it becomes part of the land.

Question 34

What are special situations when the court may give both the diminution in value to the land and the cost to rebuild the destroyed portion of the land?

Answer 34

If the diminution in value will not adequately reflect the harm suffered by the owner. I.e.: ming vase idea that even once the land is repaired it can never be restored to its original value. This could happen if a toxic chemical leaked into your soil and burned down your house. You can rebuild the house and clean the soil, but stigma and toxins make the market value lower no matter what you do. In these cases the court would likely give both

Question 35

What is the remedy that is given for damage to real property?

Answer 35

- the diminution in value, or – the cost to repair plus the loss of use Whichever is less

Question 36

If a defendant negligently has a tree on his property that falls onto the plaintiff's house and damages his roof, what does the plaintiff get?

Answer 36

He gets diminution in value to his property caused by the damage or the cost to repair the roof, whichever is less

Question 37

What does a plaintiff get if there has been a unique injury or an ornamental injury to real property?

Answer 37

He gets the reasonable value to replace the item with an identical or substantially similar one. I.e.: if there is a 75-year-old tree that was planted by a famous person and it gets knocked down, it isn’t possible to replace it with an identical tree, so if a substantially similar one can be found, then the plaintiff gets the reasonable value to buy that tree and have it planted. If not, the plaintiff gets the diminution in value to the land caused by the tree's loss