A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
Missouri Instruction to Jury Regarding Compensatory Damages for Conversion is a set of legal guidelines provided to juries during a trial involving a claim of conversion. Conversion refers to the unauthorized taking or use of another person's property, depriving the rightful owner of its use and enjoyment. This instruction helps the jury assess compensatory damages, which aim to restore the plaintiff to the position they would have been in had the conversion not occurred. In a Missouri Instruction to Jury Regarding Compensatory Damages for Conversion, several types of instructions may be provided based on the specific circumstances of the case. These instructions may include: 1. General Instruction: — The jury must determine the amount of compensatory damages justified, taking into account the evidence presented during the trial. — Compensatory damages aim to make the plaintiff whole and restore the value of the converted property. 2. Instruction for Tangible Property Conversion: — If the converted property is tangible, such as a physical object, the jury should consider its fair market value at the time of conversion. Fair market value is the price that a willing buyer would pay to a willing seller. — Other factors, such as the condition of the property and any resulting loss of use, may also be considered in assessing the damages. 3. Instruction for Intangible Property Conversion: — If the converted property is intangible, such as funds or stocks, the jury should consider the value of the property at the time of conversion. This may include its market value or any other measure appropriate for the specific property type. 4. Instruction for Special Damages: — Special damages may be available if the plaintiff has suffered measurable economic harm due to the conversion beyond the value of the converted property. — These damages may include lost profits, costs incurred due to the conversion, or any other direct financial losses caused by the defendant's actions. 5. Instruction for Emotional Distress Damages: — In certain cases, a plaintiff may be entitled to compensation for emotional distress caused by the conversion. — The jury should consider factors such as the severity and duration of emotional distress, the impact on the plaintiff's daily life, and any accompanying physical symptoms. 6. Mitigation Instruction: — The jury may also be instructed to consider whether the plaintiff took reasonable steps to mitigate their damages after the conversion occurred. — If the plaintiff failed to mitigate their losses, the damages awarded may be reduced accordingly. It is important to note that the specific Missouri Instructions to Jury Regarding Compensatory Damages for Conversion may vary depending on the court, case law, and the instructions requested by the parties involved. Therefore, it is essential to consult the official Missouri instructions and legal professionals for the most accurate and up-to-date guidance in a particular case.