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9 Cards in this Set

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  • Back
General Damages (Tort)
Damages that reasonaby or naturally flow from the tort. Need not be specifically pleaded. Must name specific measure of damges in this catatory
Special Damages
These damages are unique to P. In fairness to D, they must be specially pleaded so that D can prepare a defense
Punitive Damages
Available where D guilty of malicious and willful misconduct
Nominal Damages
Declaration of P's Right
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
Post Judgment
After judgment entered
Attorney fees
Usually not recovered unless provided in statute or in parties contract
Avoidable consequences Rule
Plaintiff must take responable steps to mitigate losses.

Applies to torts and contract settings
Collateral Source Rule
If P is compensated for losses by source of independetn of D (such as insurance) D's liability is not reduced by this amount