M Civ JI 51.01 Measure of Damages - Personal Property

In this case, plaintiff claims damages to his [ description of personal property ]. If you decide that plaintiff is entitled to such damages, the amount should be measured by:

[ Here insert the appropriate elements for determining the amount of damages, such as: M Civ JI 51.02 Cost of Repair Less Than Difference in Value; M Civ JI 51.03 Irreparable Damage with Salvage ].

Note on Use

If any element of personal property damage and the amount of loss is admitted or established by undisputed evidence, the jury should be so instructed when such item is mentioned in the instruction.

This instruction cannot be given in the form shown. Complete the instruction by inserting the appropriate phrases for determining the amounts of damage from M Civ JI 51.02–51.07. If there are elements which are not covered by these instructions, but are equally appropriate, they should be inserted in the same way.

These instructions would not be appropriate to a claim for damages to a unique chattel, which should be covered by an appropriate specific instruction.

History

M Civ JI 51.01 was SJI 31.01.