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9 Cards in this Set
- Front
- Back
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General Damages (Tort)
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Damages that reasonaby or naturally flow from the tort. Need not be specifically pleaded. Must name specific measure of damges in this catatory
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Special Damages
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These damages are unique to P. In fairness to D, they must be specially pleaded so that D can prepare a defense
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Punitive Damages
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Available where D guilty of malicious and willful misconduct
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Nominal Damages
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Declaration of P's Right
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Prejudgment
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From the time the cause of action arose to the date of judgment (compensation for withholding money) courts do not favor unless the amount of damges is liquidated. Restatement allows award for property or pecuniary interest, if required to avoid injustice
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Post Judgment
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After judgment entered
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Attorney fees
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Usually not recovered unless provided in statute or in parties contract
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Avoidable consequences Rule
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Plaintiff must take responable steps to mitigate losses.
Applies to torts and contract settings |
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Collateral Source Rule
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If P is compensated for losses by source of independetn of D (such as insurance) D's liability is not reduced by this amount
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