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NC · jury_instructions

N.C.P.I.—Motor Vehicle 109.62

DEFENDANT'S PROPERTY DAMAGES (COUNTERCLAIM)-DIMINUTION IN MARKET VALUE.

activein force · 2000-05-01 – presentas-observed

The defendant's actual property damages are equal to the

difference between the fair market value of the property immediately

before it was damaged and its fair market value immediately after it was

damaged. The fair market value of any property is the amount which

would be agreed upon as a fair price by an owner who wishes to sell, but

is not compelled to do so, and a buyer who wishes to buy, but is not

compelled to do so.

(If evidence is introduced regarding the actual or estimated cost of

repair, the following paragraph should be used: Evidence of [estimates

of the cost to repair] (and) [the actual cost of repairing] the damage to

the defendant's property may be considered by you in determining the

difference in fair market value1 immediately before and immediately after

the damage occurred.)2

History

N.C.P.I.—Motor Vehicle 109.62 (May 2000). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-25
Edition
2026-09-24
Content hash
a2ba3005578952404795e915180fe43c755049d188866787bc2a15d220211554
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