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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.

Source:

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