In an action by a personal property owner against the lienholder for wrongful conversion of the property covered by the lien, the property owner is generally only entitled to recover the excess of the fair market value of the property over the amount of the debt for which it was security.
North Carolina Instruction to Jury Regarding Damages for Conversion by Lienholder
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FAQ
Compensatory damages are intended to pay your actual costs related to the accident, but also to help you recover for the intangible aspects to your injury, like pain and suffering.
5 elements for proving negligence: The defendant had a duty to either act or not act in a specific way. The defendant breached their duty. Breach of that duty was the cause of the plaintiff's injury. The defendant should have foreseen the likelihood that someone would be harmed by their action or inaction.
Gross negligence refers to a person's conduct where an act or failure to act creates an unreasonable risk of harm to another because of the person's failure to exercise slight care or diligence.
In law, a reasonable standard of care refers to the idea of what an ordinary or reasonable person would have done in a similar situation. Under California law, there are four legal principles of negligence required for a claim include duty of care, breach of duty of care, causation, and damages.
Gross negligence elements include a duty of care, the failure to perform such duty, an injury resulting from such failure, and the knowledge about the potential consequences of such carelessness.
A punitive damage is an additional damage that a judge can approve to further penalize the defendant for inexcusable or criminal wrongdoing. North Carolina law usually caps punitive damages at 300% of any compensatory damages paid to the claimant, or at $250,000, whichever is higher.
North Carolina is one of only four states that has a strict contributory negligence standard. Under this law, plaintiffs are prohibited from recovering compensation for their injuries if they bear any responsibility for what happened.