A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
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The three categories of compensatory damages are medical expenses, lost earnings and earning capacity, and pain and suffering.
The purpose of damages in a conversion case is to ?to compensate for the injury.? Where the measure of damages works an injustice, the court has ?the discretion required to fashion an equitable remedy.? The rule of damages for the tort of conversion is that a ?conversion should not unjustly enrich either the wrongdoer ...
Damages awarded in respect of a tort. The general aim of an award of damages in tort is to put the injured party in the same position as they would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to their pre-incident position.
A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.
Conversion is a commonly used intentional tort that exists in civil law. Almost without fail, in any case involving the wrongful appropriation, use, meddling, theft, damage, or destruction of personal property, conversion can be plead as a cause of action.
[27] The tort of conversion ?involves a wrongful interference with the goods of another, such as taking, using or destroying these goods in a manner inconsistent with the owner's right of possession?: Boma Manufacturing Ltd. v. Canadian Imperial Bank of Commerce, 1996 CanLII 149 (SCC), [1996] 3 S.C.R.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.