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15 Cards in this Set
- Front
- Back
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Measure of Tort damages is ___
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the amount necessary to make the plaintiff whole - restitution
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What is the general purpose of tort damages under GA law?
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compensation
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What is the measure of general damages?
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enlightened consience of an impartial jury
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How do you calcuate thee measure of damage to property?
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dimunition in market value at D's hands look at the difference in market value between before the injury and after the injury.
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How are future special damages calculated?
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Future special damages must be reduced to present cash value. This amount is calculated using the discount rate.
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When does the duty to mitigate not apply?
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to intentional torts and to the failure to wear a seatbelt
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When are lost profits recoverable?
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They must be reasonably certain and proximately caused
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Collateral Source Rule
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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.
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Current rule regarding joint liability
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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.
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Order of claimants in wrongful death
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Someone Can Pay the PRice: Spouse, Children, Parents, Personal Representative
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Solatium damages
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Generally not recoverable. Apparent expcetion - Parent injured by the same impact that kills child may recover for witnessing death of child
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Claims for damages up until the moment of death belong to ___
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the decedent's estate
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Claims for damages after death belong to ___
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the statutory survivors
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Wrongful birth/ wrongful life
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not recognized in GA
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Damages awarded for wrongful pregnancy
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the actual costs of pregnancy and labor
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