8.01.080 Conversion

(a) Where a person is entitled to a judgment for the conversion of personal property, the damages include:

(1) The market value of the property or the plaintiff's interest therein at the time and place of the conversion; and

(2) The amount of any further loss suffered as a result of the deprivation; and

(3) Interest at eight percent (8%) from the time at which the value is fixed or compensation for the loss of use.

(b) The amount of damages for the conversion of personal property is diminished:

(1) By its recovery or acceptance in kind by the plaintiff or by a person entitled to its possession; or

(2) If the conversion was committed under a reasonable mistake of fact and the value of the personal property to the plaintiff is substantially unimpaired, by a continued offer to return it to the plaintiff or to his authorized representative.