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.
South Carolina Instruction to Jury Regarding Damages for Conversion by Lien holder is a legal instruction specifically designed to guide the jury in determining the appropriate damages in cases involving conversion by a lien holder in the state of South Carolina. The instruction provides crucial guidance on calculating damages and seeks to ensure fair and just outcomes for all parties involved. Keywords: South Carolina, instruction to jury, damages, conversion, lien holder. Different types of South Carolina Instruction to Jury Regarding Damages for Conversion by Lien holder may include: 1. Actual Damages: This type of instruction focuses on the actual monetary value of the property that was wrongfully converted by the lien holder. It may instruct the jury to consider factors such as the current market value of the property, any decrease in value caused by the conversion, and any additional costs incurred by the rightful owner as a result of the conversion. 2. Punitive Damages: In certain cases, when the actions of the lien holder are deemed particularly egregious or malicious, the instruction may include guidance on awarding punitive damages. These damages are intended to punish the lien holder for their wrongful actions and serve as a deterrent to others. 3. Liquidated Damages: When the parties involved have previously agreed upon a specific amount that will be awarded in the event of conversion by the lien holder, the instruction may guide the jury on how to apply this predetermined amount. Liquidated damages are typically set in advance and are meant to provide certainty and avoid lengthy litigation over determining the actual damages. 4. Mitigation of Damages: This type of instruction may direct the jury to consider whether the rightful owner took reasonable steps to mitigate or minimize the damages resulting from the conversion by the lien holder. The instruction may emphasize that the rightful owner has a duty to mitigate their damages, and any failure to do so may affect the amount of damages awarded. It is important to note that the specific instructions provided to the jury may vary depending on the particular circumstances of each case and the instructions provided by the presiding judge.
