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.
Title: North Dakota Instruction to Jury Regarding Damages for Conversion by Lien holder Description: North Dakota Instruction to Jury Regarding Damages for Conversion by Lien holder refers to the set of guidelines and instructions given to the jury in North Dakota court cases involving conversion by a lien holder. Conversion occurs when a lien holder wrongfully exercises control or ownership over another person's property without permission or legal justification. Lien holders, such as financial institutions or individuals who hold a security interest in property, may be held liable for damages caused by their conversion actions. North Dakota Instruction to Jury Regarding Damages for Conversion by Lien holder provides a framework for jurors to evaluate and determine the appropriate damages in such cases. These instructions are crucial in ensuring that fair and just compensation is awarded to the plaintiff whose property rights have been violated. Keywords: — North Dakota: This keyword indicates the specific jurisdiction in which these instructions are applicable — North Dakota state courts. It highlights the legal framework and guidelines specific to the state. — Instruction to Jury: These instructions provide guidelines and information to the jury members about relevant legal principles, evidence evaluation, and damage assessment related to conversion by a lien holder. — Damages: This keyword emphasizes the focus of the instructions on determining the appropriate compensation or restitution to be awarded to the plaintiff as a result of the conversion by the lien holder. — Conversioalienesoldererer: This keyword signifies the specific wrongful act under consideration, where a lien holder improperly exercises control or ownership over another person's property. Lien holderer Liability: This keyword emphasizes the responsibility and potential legal consequences borne by the lien holder for their actions of conversion. — Court Cases: This keyword implies that the instructions are utilized in legal proceedings involving conversion by a lien holder in North Dakota and are geared towards assisting the jury in rendering a verdict. Types of North Dakota Instruction to Jury Regarding Damages for Conversion by Lien holder: 1. General Instruction: This type serves as a comprehensive set of instructions covering the basic concepts, legal principles, and elements involved in a case of conversion by a lien holder. It provides a foundation for the jury's understanding and assessment. 2. Specific Instruction: These are additional instructions tailored to address specific aspects or complex issues that may arise during conversion cases involving particular types of property, such as vehicles, real estate, personal belongings, or financial instruments.