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15 Cards in this Set

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Measure of Tort damages is ___
the amount necessary to make the plaintiff whole - restitution
What is the general purpose of tort damages under GA law?
compensation
What is the measure of general damages?
enlightened consience of an impartial jury
How do you calcuate thee measure of damage to property?
dimunition in market value at D's hands look at the difference in market value between before the injury and after the injury.
How are future special damages calculated?
Future special damages must be reduced to present cash value. This amount is calculated using the discount rate.
When does the duty to mitigate not apply?
to intentional torts and to the failure to wear a seatbelt
When are lost profits recoverable?
They must be reasonably certain and proximately caused
Collateral Source Rule
A rule of evidence that excludes evidence of payments to the P that are collateral. It is still the rule in GA becaus eethe statute repealing it is unconstitutional.
Current rule regarding joint liability
For causes of action arising on or after February 16, 2005, the jury may specify the particular damages o be recovered of each D. Judgment in such cases must be entered severally.
Order of claimants in wrongful death
Someone Can Pay the PRice: Spouse, Children, Parents, Personal Representative
Solatium damages
Generally not recoverable. Apparent expcetion - Parent injured by the same impact that kills child may recover for witnessing death of child
Claims for damages up until the moment of death belong to ___
the decedent's estate
Claims for damages after death belong to ___
the statutory survivors
Wrongful birth/ wrongful life
not recognized in GA
Damages awarded for wrongful pregnancy
the actual costs of pregnancy and labor