M Civ JI 51.02 Measure of Damages - Damage to Personal Property - Cost of Repair Less Than Difference in Value

… the *(reasonable expense of necessary repairs to the property which was damaged)

Note on Use

*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.

Comment

This instruction is applicable if only the reasonable expense of necessary repairs is claimed and that is less than the difference in value of the property before and after the damage.

If the difference in the value of property before and after it was damaged is less than the reasonable cost of repairs, use M Civ JI 51.03.

If the property was damaged beyond repair and has no salvage value, or if it is doubtful that the property has salvage value, use M Civ JI 51.04.

If there is no claim that the repaired property has depreciated in value and there is an issue whether the cost of repairs or the difference in value of the property before and after it was damaged is the lesser amount, use M Civ JI 51.05.

If the cost of repairs plus depreciation will be less than the difference in value between the damaged and undamaged property, use M Civ JI 51.06.

If there is an issue whether the cost of repairs plus depreciation or the difference in value between the damaged and undamaged property is the lesser amount of loss, use M Civ JI 51.07.

See also Comment to M Civ JI 51.07.

History

M Civ JI 51.02 was SJI 31.02.