This lesson deals with basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.
The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.
Coverage of the topic includes introduction to the problems of: determining the relevant market for reference in valuing the chattel; valuing chattels which have fluctuating value; ascertainable value and the relevance of that term to the issue of whether prejudgment interest on the value of the chattel should be included as damages; rental value as a measure of loss of use; recoverability of damages for emotional distress for the deprivation, among others.
Before working on this lesson, the student should complete the lessons on General Concepts of Damages in Torts and Fundamentals of Damages for Harms to Personal Property. Basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.