A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
Connecticut Instruction to Jury Regarding Compensatory Damages for Conversion: In Connecticut, the court provides instructions to the jury regarding compensatory damages for conversion. Conversion refers to the wrongful act of intentionally depriving a person of their property or interfering with their right to possess or use the property. When it comes to determining compensatory damages for conversion, the following instructions are provided: 1. Standard Instruction: The court may instruct the jury to consider the fair market value of the property at the time of conversion as the primary basis for compensatory damages. The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, both having reasonable knowledge of the relevant facts. 2. Repair or Replacement Cost Instruction: In some cases, the court may also instruct the jury to consider the reasonable cost of repairing or replacing the converted property as compensatory damages instead of the fair market value. This instruction is often applicable when the property's unique qualities or sentimental value make it difficult to establish fair market value. 3. Diminution of Value Instruction: Another potential instruction is for the jury to evaluate the diminution of value caused by the conversion. This approach considers the difference between the fair market value of the property before and after the conversion. If the property's value has diminished as a result of the conversion, the jury may award the plaintiff the amount of that decrease. 4. Additional Out-of-Pocket Expenses Instruction: Apart from the fair market value, repair or replacement cost, or diminution of value, the court may instruct the jury to consider any additional out-of-pocket expenses incurred by the plaintiff due to the conversion. This could involve costs associated with the retrieval, storage, or transportation of the converted property. 5. Mitigation Instruction: In cases where the plaintiff had the opportunity to mitigate their damages but failed to do so, the court may provide a mitigation instruction. This instruction advises the jury to consider the plaintiff's failure to take reasonable steps to mitigate their damages when determining the amount of compensatory damages to be awarded. It is important to note that these instructions may vary depending on the specific circumstances of the case and the discretion of the court. Jurors are required to carefully consider the evidence presented and apply these instructions to determine an appropriate amount of compensatory damages for conversion.
