E. Damages

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

E. Damages

Generally, the measure of damages for conversion of personal property is the value of the property with interest.⁴² Where money has been converted, the measure of damages is its amount with legal interest from the date of the conversion.⁴³ Even where no actual loss has occurred, there may be nominal damages if a technical conversion can be shown.⁴⁴ For an "innocent" conversion, where property is converted by mistake or under a bona fide belief or right, the measure of damages is the value of the property at the time and place of conversion with the owner not entitled to any additions or improvements.⁴⁵ In the case of a willful and intentional taking, the damages are the highest market value of the property with interest up to the time of trial,⁴⁶ including additions or improvements.⁴⁷ Punitive damages may be awarded where the plaintiff shows the conversion was accomplished recklessly and with conscious indifference to his or her rights.⁴⁸

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Notes:

^[42] Industrial Welding Supplies, Inc. v. Atlas Vending Co., 276 S.C. 196, 277 S.E.2d 885 (1981) (jury may give highest value up to time of trial, but is not required to do so); Royal Liverpool Insurance Group v. McCarthy, 229 S.C. 72, 91 S.E.2d 881 (1956).

^[43] Mack v. Riley, 282 S.C. 100, 316 S.E.2d 731 (Ct. App. 1984), overruled in part, 304 S.C. 21, 402 S.E.2d 887 (1991). See also Robbins v. First Federal Savings Bank, 294 S.C. 219, 363 S.E.2d 418 (Ct. App. 1987).

^[44] Save Charleston Foundation v. Murray, 286 S.C. 170, 333 S.E.2d 60 (Ct. App. 1985).

^[45] Green v. Waidner, 284 S.C. 35, 324 S.E.2d 331 (Ct. App. 1984) (citing the Restatement of Torts).

^[46] Industrial Welding Supplies, Inc. v. Atlas Vending Co., 276 S.C. 196, 277 S.E.2d 885 (1981); Royal Liverpool Insurance Group v. McCarthy, 299 S.C. 72, 91...