M Civ JI 51.05 Measure of Damages - Damage to Personal Property - Dispute Whether Cost of Repair Is Less Than Difference in Value

… the *(lesser of the reasonable expense of necessary repairs to the property which was damaged, or the difference between the fair market value of the property immediately before the occurrence and its fair market value immediately after the occurrence)

Note on Use

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

This element is to be used when there is an issue whether the cost of repairs or the difference in value of the property before and after it is damaged is the lesser amount. When the cost of repairs is admittedly the lesser amount, use M Civ JI 51.02; when the converse is true, use M Civ JI 51.03.

Comment

See Comments to M Civ JI 51.02 and 51.07.

History

M Civ JI 51.05 was SJI 31.05.