Get GA Damage Instructions from Handout Box - PowerPoint PPT Presentation

1 / 19
About This Presentation
Title:

Get GA Damage Instructions from Handout Box

Description:

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

Number of Views:99
Avg rating:3.0/5.0
Slides: 20
Provided by: hric
Category:

less

Transcript and Presenter's Notes

Title: Get GA Damage Instructions from Handout Box


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

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

3
The Crash
  • Defendant plows into Plaintiffs 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
  • 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 Renoir
  • Chattel unique
  • Chattel not sold very often
  • Chattels use to owner is distinct from its
    market use
  • Bergie
  • King Fisher
  • What about non-market evidence?
  • Price paid by plaintiff?
  • What if plaintiff got a great deal?
  • 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
  • Facts?
  • Holding?
  • Make sense?

9
Determining FMV
  • Lane
  • 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
  • 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
  • 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?
  • A fixed wrecked car is not worth as much as it
    would have been undamaged.
  • Rule
  • Isnt that over-compensating plaintiff?

14
Feasibility (1) the 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 the recoveries in both types of
    jurisdictions?
  • Suppose stereo is destroyed.
  • What award?

15
(2) His Clothes (3) Grandmas Quilt
  • Defendant plows into his 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) His Car
  • Defendant plows into his 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
    (stolen, intentionally destroyed, etc.),
    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
Real Property
  • Goal is to make plaintiff whole by putting her in
    position she would have been in
  • had tort not occurred

19
Three Approaches (Use in-Class Handout)
  • 1. Repair cost capped by diminution
  • 2. Repair cost capped by pre-tort FMV
  • 3. Restatement
Write a Comment
User Comments (0)
About PowerShow.com