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22.5 Damages – Property

Measure of Damages – Property

If you find that [plaintiff’s name] is entitled to recover for property damages that were proximately caused by the actions of [defendant’s name], you should consider the compensation to which [plaintiff’s name] is entitled.  The proper measure of compensation is the difference between the value of the property before the damage and the value afterward.


Del. C. Super. Ct. Civ. R. 9(g) (claim for damages may be generally stated except special damages which shall be specifically stated); Alber v. Wise, Del. Supr., 166 A.2d 141, 142-43 (1960)(using before and after rule to determine damages); Twin Coach Co. v. Chance Vought Aircraft, Inc., Del. Super., 163 A.2d 278, 286 (1960); Wills v. Shockly, Del. Super., 157 A.2d 252, 254 (1960); cf. Stitt v. Lyon, Del. Super., 103 A.2d 332, 333-34 (1954)(specificity required under Rule 9(g) not as demanding as required in common law pleading).

See also Pan Am. World Airways v. United Aircraft Corp., Del. Super., 192 A.2d 913, 918-19 (1963), aff’d, Del. Supr., 199 A.2d 758 (1964); Catalfano v. Higgins, Del. Super., 191 A.2d 330, 333 (1963); Adams v. Hazel, Del. Super, 102 A.2d 919, 920 (1954).

Credit: Delaware Superior Court