A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
Oregon Instruction to Jury Regarding Compensatory Damages for Conversion
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FAQ
LLC-to-Corporation conversions are permitted under Oregon law.
While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing similar harms. The injured person may sue for an injunction to prevent the continuation of the injurious conduct or for monetary damages.
Compensatory damages compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party. Also called ?actual damages,? compensatory damages are the primary relief awarded in a successful tort action.
Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
In order to state a claim for conversion under Oregon law, ?a party must establish the intentional exercise of dominion or control over a chattel that so seriously interferes with the right of another to control it that the actor may justly be required to pay the full value of the chattel.
A plaintiff can only seek punitive damages in Oregon when the defendant's behavior was particularly egregious, intentional, or socially unacceptable. There are many appellate court rulings about punitive damages and when courts may and may not award them.