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.
Hawaii Instruction to Jury as to Determining Value of Household or Personal Goods: A Comprehensive Guide Introduction: In litigation cases involving household or personal goods, determining their accurate value is crucial. The Hawaii Instruction to Jury as to Determining Value of Household or Personal Goods provides guidance to juries in assessing the monetary worth of these goods. This detailed description will explore the key factors, instructions, and different types of instructions that can be given to the jury. Keywords: Hawaii, Instruction to Jury, Determining Value, Household Goods, Personal Goods I. Factors Influencing Value Determination 1. Condition: The condition of the household or personal goods holds significant importance in their valuation. Factors such as wear and tear, damage, and overall quality should be considered when assigning a value. 2. Age: The age of the goods plays a crucial role in their assessment. Older items may have sentimental value but could depreciate in terms of monetary worth. 3. Rarity: Uniqueness or rarity of certain goods can significantly impact their value. Items that are scarce or limited in circulation tend to have higher monetary worth. 4. Market Demand: The jury should consider the current market demand for similar goods when determining value. Popular trends or high demand for specific items can drive up their worth. 5. Original Price: The original price paid for the goods can provide insights into their value. However, it should be noted that actual value could differ due to factors like inflation and depreciation. II. Instructions Provided to the Jury 1. General Instructions: The jury is given an overview of the factors essential for determining the value of household or personal goods. They are instructed to consider all relevant elements and use their judgment to assess the fair value of the items in question. 2. Expert Testimony: In certain cases, expert witnesses may be called upon to provide testimony regarding the value of specific goods. The jury is instructed to consider such experts' opinions and assessments when determining value. 3. Comparable Sales: The jury can be directed to examine comparable sales and market prices of similar goods to establish an appropriate value. This instruction helps in ensuring a fair assessment aligned with market rates. 4. Itemized Inventory: If an itemized inventory is presented, the jury is instructed to review the list carefully and assign individual values to each item or group of items. This approach facilitates a more accurate assessment considering the unique characteristics of each good. 5. Emotional Value: Although difficult to quantify, the jury may be instructed to consider emotional value if relevant to the case. Personal sentiment or sentimental attachments can influence the overall value, especially when dealing with heirlooms or cherished possessions. III. Types of Hawaii Instruction to Jury as to Determining Value of Household or Personal Goods 1. Standard Instruction: This instruction outlines the general factors and guidelines for determining value, applying to most cases involving household or personal goods. 2. Special Instruction: Depending on specific circumstances presented in the case, specialized instructions may be provided to the jury. For instance, handling high-value antique items, dealing with unique artwork, or valuing collectibles may require tailored instructions. Conclusion: The Hawaii Instruction to Jury as to Determining Value of Household or Personal Goods serves as a comprehensive guide for juries involved in litigation cases with relevant goods. By considering factors like condition, age, rarity, market demand, and original price, the jury can accurately determine the fair value of these goods. The provided instructions equip the jury to make informed decisions, ensuring a just resolution for all parties involved.
