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 Lienholder
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How to fill out Instruction To Jury Regarding Damages For Conversion By Lienholder?
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The elements of conversion are: The plaintiff's ownership or right to possession of the property. The defendant's conversion by a wrongful act inconsistent with the property rights of the plaintiff. Damages.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.
South Carolina Punitive Damage Award Limits for Most Cases For most accident cases, South Carolina limits punitive damage awards to the greater of three times the actual damages or $500,000. So, if you get $100,000 in actual damages, the most you can get in punitive damages is $500,000.
The U.S. Supreme Court has also set out factors to be considered in determining the size of a punitive damages award, including: The severity of the defendant's misconduct. The relation between the amount of the award and the actual harm suffered.
South Carolina caps punitive damages in personal injury settlements. These damages are limited to three times the value of compensatory damages or $500,000, whichever is higher.
Courts consider several factors when determining the amount for punitive damages, but typically, they won't exceed more than nine or ten times the compensatory damages.
Restatement 2d of Torts § 222A: What Constitutes Conversion Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.