A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
South Dakota Instruction to Jury Regarding Compensatory Damages for Conversion: In South Dakota, when a jury is instructed regarding compensatory damages for conversion, it is essential to explain the concept comprehensively and provide clear guidance to jurors. Conversion refers to the unauthorized or wrongful exercise of dominion or control over someone else's property, depriving the owner of their rights in that property. 1. General Instruction on Compensatory Damages for Conversion: The first type of instruction addresses general compensatory damages for conversion in South Dakota. Jurors need to understand that compensatory damages aim to make the injured party whole by restoring them to the position they would have been in if the conversion had not occurred. These damages typically include the actual value of the property converted, any foreseeable economic losses resulting from the conversion, and any other pecuniary damages directly caused by the conversion. 2. Instruction on Special Damages for Conversion: The second type of instruction guides the jury on special damages for conversion in South Dakota. Special damages are characterized by specific and quantifiable losses suffered by the plaintiff that directly resulted from the conversion. These may include financial losses, such as lost profits, business interruption, or costs incurred to regain possession of the converted property. 3. Instruction on Economic Loss Rule and Compensatory Damages: South Dakota's instruction on the economic loss rule and compensatory damages may be provided as well. The economic loss rule limits recovery for purely economic losses in certain conversion cases. Jurors need to understand this rule and its impact on the damages potentially awarded. It states that if the only harm suffered is a loss of economic value without any accompanying personal injury or property damage, recovery is limited to contract remedies rather than tort remedies. 4. Instruction on Nominal Damages: Nominal damages instructions might also be given in South Dakota's compensatory damages for conversion cases. Nominal damages refer to a minimal or symbolic amount awarded when the actual harm or loss suffered is insignificant or essentially nonexistent. This instruction guides jurors on when and how nominal damages may be awarded. 5. Instruction on Mitigation of Damages: Another relevant instruction with respect to compensatory damages for conversion in South Dakota pertains to mitigation of damages. Jurors should be informed that the plaintiff has a legal duty to mitigate or reduce their damages when reasonably possible. Failure to mitigate one's damages might affect the compensatory damages awarded in the case. These instructions, collectively, help jurors understand the scope and components of compensatory damages for conversion cases in South Dakota. By offering clear guidelines and explanations, the jury can make well-informed decisions regarding the appropriate amount of compensation to be awarded to the injured party.
