Section 18.35 Particular Facts Determine the Correct Measure in Leasing Cases
| Library | Tort Law 2016 |
a. (§18.35) Particular Facts Determine the Correct Measure in Leasing Cases
In leasing cases, the correct approach to damages depends on the particular facts of the case. Smith v. Norman, 586 S.W.2d 84, 86 (Mo. App. E.D. 1979), involved leased property. The court stated that "where the injury [to property] is extensive or permanent the measure of damages is the reduction in the overall value of the property as a whole." Id. at 85. When the injury is slight in comparison to the overall value and the injury...
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