Damages

Question 1

Actual damages

Answer 1

designed to make victim whole by compensation

Question 2

special damages

Answer 2

Form of actual damages.
measurable economic harm like loss of wages, medical bills, lost earning potential

Question 3

General damages

Answer 3

other form of actual damages. ways to compensate for harms with no economic measure- like emotional distress, or pain and suffering

Question 4

remittitur

Answer 4

Trial cts can either advise π to accept a reduction in damages or ct will grant a new trial if jury made a mistake about damages

Question 5

additur

Answer 5

state cts can advise the ∆ that they can either accept an increase in damages or a new trial

Question 6

nominal damages

Answer 6

trifling sum awarded when a legal injury is suffered but there is no substantial loss or injury to be compensated- nominal damages can incur from trespassing

Question 7

punitive damages

Answer 7

rare- used to provide additional punishment and deterrence for egregious conduct by the defendant in malicious intentional tort case, or cases of gross negligence

Question 8

hedonic damages

Answer 8

loss of enjoyment of life

Question 9

wrongful death

Answer 9

can create new cause of action in favor of survivors of the victim for their loss occasioned by the death- can only be brought with an underlying tort claim

Question 10

survival statutes

Answer 10

permit victims cause of action to survive the death- victims estate recovers damages

Question 11

loss of consortium

Answer 11

loss of benefits one person is entitled to receive from another due to loss of companionship- could be a spouse, or child of a parent

Question 12

property damages

Answer 12

sometimes π can recover the loss in fair market value of their item, or the cost to repair or replace the item

Question 13

Heirloom Exception

Answer 13

some cts allow juries to assess damages based on emotional injury from losing an heirloom