Damages Flashcards

1
Q

Intentional Tort Damages

A
  1. Nominal Damages
  2. Property Damage
    a)loss of use
    b)loss of value
  3. Punitive Damages
  4. Pecuniary damages-Economic Harm
    a) easily quantifiable losses
    b)lost wages
    c) medical expenses
  5. Nonpecuniary damages
    a) pain and suffering
    b)compensatory damages
  6. Restitution
    a) Conduct
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2
Q

Nominal Damages

A

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

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3
Q

Punitive Damages

A

Punitive damages, also known as exemplary damages, are damages awarded in tort law to punish a defendant for harmful behavior and deter future misconduct

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4
Q

Pecuniary Damages

A

quantifiable economic losses that a plaintiff can recover in a civil action. They are also known as actual damages.

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5
Q

Nonpecuniary damages

A

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.

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6
Q

Negligence + Strict Liability Damages

A
  1. NO NOMINAL DAMAGES
  2. Punitive Damages
  3. 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.
  4. Nonpecuniary damages
    a) pain and suffering
    b)compensatory damages
  5. Restitution
  6. Statutory penalty
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7
Q

Tort Contract Damages

A
  1. If you buy a defective product, and the only property damaged is the defective product you cannot recover under strict liability…only contract
  2. NO PUNITIVE DAMAGES
  3. NO NONPECUNIARY DAMAGES
  4. Specific performance/Injunction
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8
Q

Pain and Suffering

A

You get money for pain and suffering. That’s all that matters in Torts.

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9
Q

Limits on Pain and suffering

A

IF you can’t experience pain and suffering if you are in a coma. McDougald.

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