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.
Washington 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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WPI 15.01. 01 (7th ed.) A cause of an [injury] [event] is a proximate cause if it is related to the [injury] [event] in two ways: (1) the cause produced the [injury] [event] in a direct sequence [unbroken by any superseding cause], and (2) the [injury] [event] would not have happened in the absence of the cause.
(12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person.
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.
WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]
WPIC 4.24 Definition of the Crime?Form. A person commits the crime of (name of crime) when he or she (set forth language of statute or ordinance being defined). Use this instruction if it will help the jury understand the charged offense or if it is necessary to define a particular offense for the jury.
Malicious Mischief 3 is a gross misdemeanor and is punishable by up to 364 days of jail and up to a $5000 fine. You may also be asked by the WA State court to replace the damaged property (pay restitution), take anger management classes, and be evaluated for alcohol or substance abuse by a treatment agency.