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.
Oregon Instruction to Jury as to Determining Value of Household or Personal Goods In the state of Oregon, when it comes to determining the value of household or personal goods in a legal proceeding, the court provides specific instructions to the jury to assist in making an accurate assessment. These instructions are crucial in ensuring fair compensation and resolving disputes related to damages or losses of personal property. Various types of instructions to the jury exist in Oregon, covering factors such as fair market value, replacement cost, sentimental value, and depreciation. One type of instruction commonly given to the jury is the determination of fair market value. In this case, the jury is directed to consider the price that the items would sell for in the open market, between a willing buyer and a willing seller, assuming no unusual circumstances exist. This instruction emphasizes the objective value of the goods and avoids any subjective factors that may influence the assessment. Another type of instruction pertains to the replacement cost of the household or personal goods. The jury is instructed to determine the value based on the amount it would take to replace the items with goods of similar kind, quality, and utility. This instruction recognizes that the cost of replacing an item may differ from its fair market value, particularly in cases where the item is unique or no longer available in the market. Sometimes, the sentimental value of household or personal goods becomes relevant in legal proceedings. In such cases, the jury is provided with an instruction that allows them to consider the emotional connection or personal significance an item holds for the owner. Sentimental value goes beyond the market value and may be particularly important in cases involving family heirlooms, cherished gifts, or personal mementos. In situations where the goods in question have depreciated in value, the jury may be given an instruction on the calculation of depreciation. This instruction would guide the jury to assess the value by considering the original cost of the item, its estimated lifespan, and the amount it has depreciated over time. Depreciation instructions are commonly used when determining compensation for damaged or aging possessions, such as electronics or vehicles. In summary, Oregon provides instructions to the jury to determine the value of household or personal goods in legal proceedings. These instructions include assessing fair market value, calculating replacement cost, considering sentimental value, and estimating depreciation. By providing clear guidelines, these instructions ensure a fair and impartial evaluation of the worth of personal property in various legal contexts.
