Damages for Harms to Interests in Physical Integrity of Personal Property

This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.

Before working in this lesson the student should complete the lessons on General Concepts of Damages in Torts and Fundamentals of Damages for Harms to Personal Property.

Learning Outcomes

On completion of the lesson, students will be able to:

1. Discuss the basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property.
2. Analyze the basic "diminution of value rule" to determine damages.
3. Explain the problems that face the courts when the "value to the owner" is the measure of damages.