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Get GA Damage Instructions from Handout Box

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Cars. Used law text books. Old coins. Newly found Da Vinci. Chattel unique ... Your client's used car is destroyed. Wholesale? Retail? New? My car story... – PowerPoint PPT presentation

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Title: Get GA Damage Instructions from Handout Box


1
Get GA Damage Instructionsfrom Handout Box
  • Read tort instructions 66.020 and 66.030.
  • Keep them handy for later in semester.

2
Tort Damages
  • Damages to Personalty
  • Damages to Real Property

3
Daniels Crash (436)
  • Defendant plows into Daniels car while hes
    transporting his worldly belongings
  • (1) Stereo can be fixed but repairs FMV
  • (2) Clothes are destroyed
  • (3) Quilt from his deceased grandma
  • (4) Car is repairable, but post-crash FMV will
    be less than pre- even though fully repaired.

4
Destroyed v. Damaged (441)
  • If destroyed
  • A chattel is destroyed when its cost to repair
    exceeds its _________________________.
  • Plaintiff gets _________, less ___________
  • If damaged but not destroyed
  • Courts split on what amount caps recovery.

5
Split on Feasibility to RepairWhat Caps
Repair Cost
  • Majority (GA)
  • If repairs plaintiff can get cost to repair.
  • Otherwise, only pre-tort FMV.
  • So, pre-tort FMV caps maximum repair costs.
  • Minority (Dissent in Bergie)
  • If repairs feasible and plaintiff can get cost of repairs.
  • Otherwise, only diminution in FMV.
  • So, diminution in FMV caps maximum repair costs.

6
Pulling it Together
  • If cost to repair exceed pre-tort FMV
  • If cost to repair exceed diminution in value
  • Majority GA
  • Minority (see Bergie dissent)

7
FMV Is there a Market?
  • Markets for these?
  • Cars
  • Used law text books
  • Old coins
  • Newly found Da Vinci
  • Chattel unique
  • Chattel not sold very often
  • Chattels use to owner is distinct from its
    market use
  • Bergie
  • King Fisher (442)
  • What about non-market evidence?
  • Price paid by plaintiff?
  • What if plaintiff got a great deal? (451)
  • Insurance policy?
  • Owners testimony?

8
Which Market?
  • What if replacement cost varies among markets?
  • Your clients used car is destroyed.
  • Wholesale? Retail? New?
  • My car story
  • Your client, a new car dealer, has a car
    destroyed
  • Retail value to consumer or wholesale price to
    replace?
  • United Rental (443)
  • Facts?
  • Holding?
  • Make sense?

9
Determining FMV
  • Lane (452)
  • Basic facts?
  • What is the general rule regarding destroyed
    personalty?
  • What is the exception for household items, like
    clothes? Is the measure full replacement value?
  • Why?
  • Is there a market for used clothing?
  • Used sweatshirts on e-bay.
  • Does that justify not using Lane measure?
  • What are ourts trying to do by awarding less than
    new replacement but more than nothing for clothes
    and the like?
  • Hypos
  • Delta loses suitcase with your coolest, broken-in
    jeans.
  • Delta loses a suitcase with a 100 pair of jeans
    that you hate?

10
Determining FMV
  • Landers (454)
  • Basic facts?
  • What did district court say was proper measure of
    damages for photos tapes?
  • What did jury award as result instruction?
  • 3 measures?
  • (1) FMV
  • (2)
  • Used when
  • (3)
  • Used when

11
How do you determine actual value to owner?
  • Does it include sentimental value?
  • What does it include?
  • Why not replacement cost as measure?
  • How can you measure this exactly?

12
Loss of Use Damages
  • Long (462)
  • Basic facts?
  • Issue?
  • Holding?
  • Historically, what fact decided whether or not
    plaintiffs got loss of use damages?
  • Does that make sense?
  • Is it still followed?

13
Repairs And Diminution?
  • What if, as is common, the good as fully repaired
    still is worth less?
  • Daniels fixed wrecked car is not worth as much
    as it would have been undamaged.
  • Rule
  • Isnt that over-compensating plaintiff?

14
Feasibility (1) Daniels stereo
  • Instead, suppose
  • New stereo 700
  • What if model has been upgraded by Mfr?
  • Pre-tort FMV 300
  • How determine?
  • Post-tort FMV 100
  • How determine?
  • Repairs 250
  • What are Daniels recoveries in both types of
    jurisdictions?
  • Suppose stereo is destroyed.
  • What award?

15
(2) Daniels Clothes (3) Grandmas Quilt
  • Defendant plows into Daniels car while hes
    transporting his worldly belongings
  • Clothes are destroyed
  • What amount? How prove it?
  • Quilt from his deceased grandma
  • What amount? How prove it?

16
(4) Daniels Car (436)
  • Defendant plows into Daniels car while hes
    transporting his worldly belongings
  • (4) Car is repairable, but FMV will be less even
    though fully repaired.
  • Suppose he buys a 2005 Lexus to replace his 1999.
    Which value?
  • How do you determine FMV of a car?
  • What market do you look at?
  • Does he get for renting from Hertz while its
    being repaired?

17
FMV Conversion When Measured?
  • NY (Our) Rule When property is converted,
    plaintiff gets the greater of either (1) FMV at
    _____ ____________________ or (2) at time when
    ______ ____________________ or for reasonable
    time after that.
  • Why is that a good rule?
  • Benefits?
  • Problems?
  • What if FMV is less on day plaintiff discovers
    than on day stolen?

18
In November Proving FMV
  • Canal Insurance
  • Facts?
  • Why was FMV of the truck before and after the
    wreck significant at trial?

19
In November
  • What foundation must you lay to get in testimony
    about market value?
  • What foundation must you establish to get in the
    owners testimony as to value?

20
Real Property (468)
  • Goal is to make plaintiff whole by putting her in
    position she would have been in
  • had tort not occurred

21
Three Approaches (478-79) (Use Handout)
  • 1. Repair cost capped by diminution
  • 2. Repair cost capped by pre-tort FMV
  • 3. Restatement

22
Discovery November
  • Function of owner
  • Retailer
  • Personal owner
  • Intends to sell
  • Kind of property damaged
  • Physical harm?
  • Realty?
  • Personal Property?
  • What else?
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