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15 Cards in this Set

  • Front
  • Back
what are the 3 kinds of damages?
1. Nominal damages - (NOT ON MIDTERM)
2. Compensatory damages
3. Punitive damages
What are the two types of Compensatory damages?
1. Economic

2. Non-economic
What are the necessary elements to get punative damages?
Must show either:
1. Malice: Intentional or a willful and conscious disregard of safety
2. oppression: vile and despised conduct
3. Fraud: intentional misrepresentation
Do punative damages require a higher standard of judgement than standard in torts?
Yes, Punative damages require clear and convincing evidence not a preponerance of the evidence.
In calculating punitive damages what three things are considered?
1. nature of defendants conduct
2. harm caused, (underlining compensatory damages)
3. defendants financial condition
What are the four types of economic damages?
1. Past medical bills
2. future medical bills
3. Past wage losses
4. future wage losses
what are the rules regarding what can be recovered for:

1. Past medical bills

2. Future medical bills
1. The reasonable cost of reasonably necessary bills.

2. Reasonable cost of reasonable medical treatment that is reasonably certain to occur.
what are the rules regarding what can be recovered for:

1. past wage loss

2. future wage loss
1. The reasonable wages lost because of reasonably not being able to work

2.Wage losses that are reasonably certain to occur.
What is a defense to economic damages?
Failure to mitigate damages on the part of the plaintiff.
What are the two types of Non-economic damages?
1. Pain and suffering

2. Emotional distress
What is a per diam arguement?
Where the attorney breaks down damages on a per day basis.
In california there is joint and severable liability. If a defendant is found 50% responsible what amount of damages must they pay for:
1. Economic damages award of $ 10,000?

2.Non-economic damages award of 10,000?
1. $10,000

2. $5,000
If a defendant destroys a plaintiff's property what amount are they liable for?
The Full market value of the property.
If a defendant damages a plaintiff's property what amount are they liable for?
1. the amount of value that has been diminished
2. repair cost
If a defendant deprives a plaintiff of the use of their property what amount are they liable for?
Liable for amount due to loss of use