PJC General Negligence 2022

PJC 7.10

T HEFT L IABILITY

PJC 7.10 Sample Instructions—Actual Damages for Conversion Explanatory note: Damages instructions in conversion actions under the Texas Theft Liability Act are often necessarily fact-specific. Unlike most other form instructions in this volume, therefore, the following sample instructions are illustrative only, using a hypothetical situation to give a few examples of how instructions may be worded to submit various legal measures of damages for use in connection with the conversion damages question, PJC 7.9. Sample A—Market value of the appropriated property “Market value” means the amount that would be paid in cash by a willing buyer who desires to buy, but is not required to buy, to a willing seller who “Market value” means the amount that would be paid in cash by a willing buyer who desires to buy, but is not required to buy, to a willing seller who desires to sell, but is under no necessity of selling. Sample C—Lost income from appropriated business contacts and files that was a natural, probable, and foreseeable consequence of Don Davis ’s theft of the property The income that Paul Payne would have otherwise realized by providing services to his clients had Don Davis not unlawfully appropriated Paul Payne ’s customer lists and files, the loss of which was a natural, probable, and foresee able consequence of Don Davis ’s theft of the property. Sample D—Lost rental value of the appropriated property that was a natural, probable, and foreseeable consequence of Don Davis ’s theft of the property The income that Paul Payne would have otherwise realized from renting the property to others, the loss of which was a natural, probable, and foreseeable consequence of Don Davis ’s theft of the property. Sample F—Loss of use of property The rental value of the property. Sample G—Travel expenses The expenses incurred by Paul Payne in traveling to inspect the property after conversion. Sample E—Intrinsic value of the property The value of the property to Paul Payne . desires to sell, but is under no necessity of selling. Sample B—Market value of the appropriated services

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