damages Flashcards

1
Q

types of damages

A
  • nominal

compensatory

punitive

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2
Q

judicial control of amounts recovered

A

= remitter - refusal of P to accept a lesser amount , grant new trial

addittur = vedict inadequate, new trial based on refusal of D to pay larger sum set by court

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3
Q

collateral source rule

A

person who caused the accident can’t reduce the money they owe you just because ur health insurance paid some of the bills

can’t use ur insurance coverage against you when deciding how much they owe u

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4
Q

physical harm to property

A

market value
- personal value
- not compensated for sentimental value of pets
- if temporarily deprived, compensated for rental value
- consequential damages recovered if they are “proximately caused”

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5
Q

duty to mitigate damages

A

avoidable consequences

  • rule does not allow recovery of damages that P could have avoided
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6
Q

punitive damages

A

to punish

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7
Q
A
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