A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
Wisconsin Instruction to Jury Regarding Compensatory Damages for Conversion
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US-01363BG
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FAQ
(2), an action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.
The exact measure of compensation due to a plaintiff whose goods have been wrongfully converted may be merely nominal if the wrong is technical and the defendant can return the goods; it may be limited to the actual damage where the goods can be returned, but the wrong is substantial; but in ordinary cases it is the ...
Conversion Under Wisconsin law, the tort of ?[c]onversion is often defined as the wrongful exercise of dominion or control over a chattel[, and] [c]onversion may result from a wrongful taking or a wrongful refusal to surrender property originally lawfully obtained.? Production Credit Assosication v.
The purpose of damages in a conversion case is to ?to compensate for the injury.? Where the measure of damages works an injustice, the court has ?the discretion required to fashion an equitable remedy.? The rule of damages for the tort of conversion is that a ?conversion should not unjustly enrich either the wrongdoer ...
General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.
A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion. The measure of damages in conversion is the fair market value of the property at the time and place of the conversion.
How to Calculate Damages. Calculating economic damages can be as easy as adding up all the expenses connected to the accident, such as income loss, medical bills, out-of-pocket costs, and others. Once you have a figure for economic damages, you can determine your non-economic losses, such as pain and anguish.
Value of the property: The fair market value of the property that was converted is typically the starting point for calculating damages. This value is usually determined by expert testimony or by the market value of similar property.
