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15 Cards in this Set

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  • Back
awarded when liability for a tort is established, but no harm occurred or is proven with sufficient certainty. Indicates that Def committed the tort and may serve to clarify or vindicate the rights of the P.
are awarded to a person as compensation, indemnity, or restitution for harm sustained by him. Awarded for both pecuniary and non pecuniary losses.
a) Pecuniary- medical expenses, lost wages or diminished earning capacity, other economic expenses incurred because of the injury.
b) Non-Pecuniary- diminished market value of damages, appropriate replacement value, or rental value to compensate for unauthorized use.
punish and deter particularly egregious conduct. They are discretionary and awarded when a tort is committed with malice. When awarded, traditionally still go to P, look at what each state does.
Property Damage
Permanent deprivation or destruction- measured by market value of the property.
1) Market value
a) Rule of Highest Intermediate Value
b) Highest Replacement Value Rule-
Highest Replacement Value Rule
recover the highest value between the time conversion and a reasonable period within which he could have replaced the goods by purchase on the market. Does not begin at the time of the defendant's wrong, but at the time the P learns of it.
Rule of Highest Intermediate Value
the highest value which the goods have reached during the period from the time wrong to the trial of the action. Assumes that the P would have sold the goods at the peak reached during that entire period and because the longer the delay until the trial the longer the time during which the P may benefit from a rise in the market. Courts have limited by requiring that you act in a reasonable timeline, and limit to when the action is commenced.
Market value
the ordinary rule is that it is the measure at the time of the tort until the victim can reasonably replace the property after discovering its loss. There are some situations where we stray from the general rule and that’s the increase of the value of the rule.
Personal Injury- Medical expenses
1) Awarded all reasonable medical expenses. These include payments for physicians, hospitals, nursing care, physical therapists, nursing care, physical therapists, and appropriate diagnostic tests.
2) Can also be awarded anticipated medical expenses that are attributable to the Def.
3) P may introduce expert medical testimony to support his claim.
Personal Injury- Lost wages or diminished capactiry
1) Can recover past and future lost wages or diminished earning capacity.
2) P may seek recovery for past and future impaired earning capacities instead of proving lost wages and income. Measures the victim's lost potential to earn income because of the injury and is not dependant on proof that the victim had exploited, or would in the future exploit, that capacity.
Personal Injury- incidental economic consequences
Include travel expenses to seek appropriate medical treatment, as well as expenses for housekeeping sevices because of the victim's incapacity.
Personal Injury- Reduction to " Present Value
1) Damages are generally awarded in a lump sum to the victim. The actual award must be reduced to take into account that the money is being transferred to the victim in advance. This reduction is present value and it reflects that the victim is in large part recovering compensations for losses he has not yet incurred.
2) Not subject to federal income tax
Personal Injury- Pain and suffering
1) Allows if proximately caused by the tortfeasor.
2) Defined to include mental distress over an injury and any disfigurement. Also includes compensation for loss of enjoyment of activities the injury precludes the victim from pursuing.
3) Highly dependant on proof that the victim is or was during his life conscious of his injuries and the negative implications of those injuries.
4) Per Diem-
Personal Injury- Per Diem
assign a dollar amount to the hour, minute, day and figure out a total from P and S from present to future. Often frowned upon because its too mathematical causes a false sense of accuracy and takes away part of the jury's job.
Personal Injury- Midigation of damages
i. Injured victims have a responsibility to act reasonably to limit or mitigate losses incurred.
ii. If they fail to act reasonably, the def. will not be held liable for incremental losses that otherwise could have been avoided.
Personal Injury- failure to mitigate
Failure to mitigate should be distinguished from P's contributory or comparative negligence which contributed to causing the accident responsible for the injury.
1) Risk- most important
2) Probability of success
3) Money or effort
4) pain