Damages Flashcards
Types of damages (3)
Compensatory
Punitive
Nominal
Who determines damages for the P
Jury as a matter of fact
Define compensatory damages
Compensatory damages are monetary damages awarded to the P to be compensated for damages, injury or other incurred losses due to D’s conduct.
Purpose of compen. damages
To make the P whole
T/F: Future compensatory damages must be proven by a preponderance of the evidence
TRUE
Define two types of compensatory damages
Special + general
Special: Injuries that can be calculated such as lost earning.
General: Injuries that cannot be calculated such as pain and suffering
Define nominal damages
Nominal damages are awarded to the P when there is no substantial loss or injury to the P.
Purpose of nominal damages
To recognize the P’s legal interest was invaded
Define punitive damages
Punitive damages are recoverable only when the P recover compensatory damages then P proves fraud, malice and willful/wanton conduct.
Purpose of punitive damages
To punish the D and deter others from doing the same behavior
Standard applied to punitive damages
Clear and convincing evidence
3 guideposts under punitive damages
Reprehensibility: how bad was the behavior
Ratio: must bear a reasonable relationship to compensatory damages
Sanctions
Loss of consortium
Being deprived of the benefits of a relationship
Collateral source Rule
If the award for damages comes from a 3P, the defendant cannot subtract what was already recovered by the P from the amount of damages that is owed by the D.
Mitigation Rule
The P is required to mitigate damages and avoid necessary consequences when he/she can.
