Damages Flashcards
Intentional Tort Damages
- Nominal Damages
- Property Damage
a)loss of use
b)loss of value - Punitive Damages
- Pecuniary damages-Economic Harm
a) easily quantifiable losses
b)lost wages
c) medical expenses - Nonpecuniary damages
a) pain and suffering
b)compensatory damages - Restitution
a) Conduct
Nominal Damages
Nominal damages are a small amount of money awarded by a court to a plaintiff in a tort case when their rights have been violated but they did not suffer any actual harm or financial loss
Punitive Damages
Punitive damages, also known as exemplary damages, are damages awarded in tort law to punish a defendant for harmful behavior and deter future misconduct
Pecuniary Damages
quantifiable economic losses that a plaintiff can recover in a civil action. They are also known as actual damages.
Nonpecuniary damages
Non-pecuniary damages are damages that are not as discernible and quantifiable. These are typically things like pain and suffering, loss of quality of life, future wages and emotional distress.
Negligence + Strict Liability Damages
- NO NOMINAL DAMAGES
- Punitive Damages
- Economic Harm
a) only assert if there is property damage or personal injury
b)you can only assert economic damages as a buddy to other damages. IT CANNOT BE ALONE. - Nonpecuniary damages
a) pain and suffering
b)compensatory damages - Restitution
- Statutory penalty
Tort Contract Damages
- If you buy a defective product, and the only property damaged is the defective product you cannot recover under strict liability…only contract
- NO PUNITIVE DAMAGES
- NO NONPECUNIARY DAMAGES
- Specific performance/Injunction
Pain and Suffering
You get money for pain and suffering. That’s all that matters in Torts.
Limits on Pain and suffering
IF you can’t experience pain and suffering if you are in a coma. McDougald.