Section 18.9 Waste
| Library | Tort Law 2016 |
f. (§18.9) Waste
The distinction between trespass and waste is that the defendant in a waste action rightfully possessed the property. Waste is the negligent or intentional "failure of a lessee to exercise ordinary care in the use of the leased premises or property that causes material and permanent injury thereto over and above ordinary wear and tear." McLane v. Wal-Mart Stores, Inc., 10 S.W.3d 602, 605 (Mo. App. E.D. 2000).
As a general rule, damages for waste are based on diminution of value...
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