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.
Title: New Hampshire Instruction to Jury Regarding Damages for Conversion by Lien holder: A Comprehensive Overview Introduction: In the state of New Hampshire, specific instructions are provided to a jury regarding damages for conversion by a lien holder. This guide aims to provide a detailed description of these instructions, outlining the relevant keywords and potential variations that may exist in different types of instructions. Keywords: — NeHampshireir— - Instruction to Jury - Damages — Conversio— - Lienholder Types of New Hampshire Instructions to Jury Regarding Damages for Conversion by Lien holder: 1. Standard Instruction: The standard instruction provides general guidelines for the jury to determine damages in cases involving conversion by a lien holder. It includes an explanation of the legal concept of conversion, the role of the lien holder, and the factors to consider when calculating damages. 2. Instruction for Calculating Actual Damages: This type of instruction provides guidance on how the jury should assess and calculate the actual damages incurred by the plaintiff due to the conversion. It may include factors such as the value of the converted property, any repair or replacement costs, and other applicable monetary losses suffered by the plaintiff. 3. Instruction for Punitive Damages: If the circumstances warrant it, this type of instruction outlines the criteria that the jury should consider when deciding whether to award punitive damages in cases of conversion by a lien holder. It emphasizes the need for the plaintiff to prove that the defendant's actions were willful, wanton, or malicious. 4. Instruction for Mitigation of Damages: In cases where the plaintiff could have taken reasonable steps to mitigate or reduce their damages resulting from the conversion by a lien holder, this instruction guides the jury in assessing the extent to which the plaintiff is entitled to damages. It highlights the importance of the plaintiff's efforts to minimize their losses. 5. Instruction for Lost Profits: For cases involving conversion by a lien holder where the plaintiff is seeking compensation for lost profits or economic damages, this specific instruction provides guidance on how the jury should evaluate and calculate such damages. It may involve considerations of past earnings, projected future earnings, and any evidence presented by experts. Conclusion: New Hampshire instruction to the jury regarding damages for conversion by a lien holder encompasses various types of instructions tailored to specific aspects of the case. These instructions are designed to provide the jury with appropriate guidance as they deliberate and determine the appropriate damages that should be awarded to the plaintiff. Understanding these instructions and their associated keywords is crucial for both legal professionals involved in such cases and individuals seeking information on New Hampshire's legal processes.
