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.
Delaware Instruction to Jury Regarding Damages for Conversion by Lien holder: In Delaware, when a lien holder wrongfully converts the property of another, the injured party may seek damages from the lien holder. The court provides instructions to the jury regarding the calculation and evaluation of damages in such cases. The purpose of this instruction is to guide the jury in understanding the different types of damages that may be awarded to the injured party, based on the specific circumstances of the conversion by the lien holder. The jury should carefully consider the evidence presented and apply the relevant legal principles to determine the appropriate amount of damages. There are different types of damages that the jury may consider in a conversion by lien holder case: 1. Compensatory Damages: Compensatory damages aim to reimburse the injured party for the actual loss or harm suffered as a result of the conversion. The jury should consider factors such as the value of the converted property, any expenses incurred due to the conversion, and any loss of use or profit resulting from the conversion. 2. Punitive Damages: In certain cases, the jury may award punitive damages as a form of punishment to the lien holder for their wrongful conduct. Punitive damages are typically awarded when the lien holder's actions are found to be particularly egregious and warrant additional punishment beyond compensatory damages. 3. Attorneys' Fees and Costs: If the injured party had to incur attorneys' fees and other expenses to pursue legal action against the lien holder, the jury may consider awarding these fees as part of the damages. It is important to note that each case is unique, and the specific instructions provided by the court may vary. The jury is obligated to carefully consider the evidence and follow the instructions given by the court in order to render a fair and just verdict. When deliberating on damages for conversion by a lien holder in Delaware, the jury should focus on the extent of the harm caused by the lien holder's actions and aim to provide an appropriate remedy to the injured party. By considering the various types of damages available, the jury can ensure a fair and just outcome in the case.
