The owner of home furnishings and personal apparel which have been taken by a wrongdoer may recover the actual value to him of the items taken, excluding fanciful considerations, and is not limited to their second-hand value.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
California Instruction to Jury as to Determining Value of Household or Personal Goods is a crucial guideline used in civil cases to assist the jury in determining the monetary value of household or personal goods that have been damaged, lost, or destroyed. This instruction provides the necessary framework for the jury to fairly evaluate the value of these items. In California, there are various types of instructions that can be used in this context, including: 1. Basic Instruction: The jury is instructed to consider the fair market value of the household or personal goods at the time of the incident. Fair market value refers to the price that a buyer would pay and a seller would accept when both parties have reasonable knowledge of the item's relevant facts. 2. Replacement Cost Instruction: In certain cases, the jury may be instructed to consider the replacement cost of the goods instead of fair market value. This instruction is often used when the particular items in question have unique characteristics or are not readily available in the market. 3. Used Goods Instruction: If the damaged or lost goods are pre-owned or used items, the jury may be instructed to evaluate their value based on their reasonable market value as used goods. This instruction takes into account factors such as depreciation and wear and tear. 4. Specialized Goods Instruction: In cases involving specialized or custom-made goods, the jury may receive a specific instruction to consider the value of these unique items based on expert testimony or other relevant evidence related to their special characteristics. 5. Emotional Value Instruction: In some exceptional cases, the jury may be instructed to consider the emotional or sentimental value of the household or personal goods to the affected party. This instruction allows the jury to consider the subjective attachment the owner has to the items, potentially affecting the overall valuation. 6. Jury Discretion Instruction: It is important to note that the jury holds discretion in determining the value of household or personal goods. They are instructed not to award damages based on speculation or sympathy, but instead, they must carefully consider the evidence presented and use their best judgment to arrive at a reasonable value. California Instruction to Jury as to Determining Value of Household or Personal Goods is designed to ensure a fair and just assessment of damages. By providing clear guidelines, the jury can evaluate the value of items accurately, taking into account relevant factors such as fair market value, replacement cost, condition, and emotional attachment.
