Damages Flashcards
Compensatory Damages
Designed to put the injured party in the position they would have been in had the breach not occurred.
Damages for Pain & Suffering
non pecuniary loss, inconvenience, hardship, or mental and physical pain, and anxiety experienced as a result of a personal injury.
General Damages
They are presumed to flow from the commission of a tort and may be recovered without proof of a specific dollar amount. Don’t need to be pled in the complaint, and the are inferred or implied from the tortious conduct that the plaintiff is alleging.
ex) pain and suffering
Punitive Damages
Meant to punish wrongful conduct. Cannot be awarded for mere negligence.
The Plaintiff’s complaint must specifically request special damages.
What is the maximum amount that may be awarded as punitive damages in cases not involving intentional torts or products liability?
$250,000
Nominal Damages
Token damages recognizing a wrong without significant harm.
Damages in General
Georgia Law: Georgia limits punitive damages to $250,000 in most cases unless there’s intent to harm. In medical malpractice cases, caps on noneconomic damages have been deemed unconstitutional.
Federal Law: No such uniform cap, but federal courts might apply state law caps in diversity cases.
Special Damages
Quantifiable financial losses - ex. medical bills, property damages, lost wages, loss of consortium
Mitigation Doctrine
Georgia requires plaintiffs to mitigate damages, and failure to do so can reduce recovery.
The Duty to mitigate does not apply to:
Intentional Torts
How does the remoteness of damages to bar recovery work?
damages must be both actually and proximately caused for the defendants tortious act, or they will be too remote for recovery. (future profits)
What is the GA Economic Loss Rule?
a rule that bars purchasers of goods and services from asserting negligence on the part of the provider or limits recovery in tort cases when the only damages are purely economic, meaning there is no physical injury to a person or property. This doctrine generally prohibits recovery for negligence if the claim arises solely from a contract and involves financial losses, rather than physical harm or property damage. as a basis upon which to recover purely economic losses caused when the goods or services are defective and fail
What will a plaintiff be limited to when a defective product only breaks?
contractual remedies, including an applicable warranties
What must a plaintiff elect to seek in an action for conversion?
1) return of chattel,
2) market price of chattel, or
3) return of the chattel together with reasonable rental value or interest between the time of conversion and the time of the chattel’s return
How do you measure damages for the fair market value of the chattel?
the highest market value between the time of conversion and of trial
Examples of Chattel
Chattel is a term for movable, tangible personal property. Examples of chattels include
Furniture: Sofas, tables, chairs, and picture frames
Appliances: Fridges, stoves, dishwashers, microwaves, washers, and dryers
Livestock: Animals that can be moved
Bedding: Sheets, pillowcases, and blankets
Jewelry: Rings, necklaces, and bracelets
Money: Cash and other forms of currency
Pot plants: Plants that can be moved
How do you measure damages in fraud cases?
the difference between what the property is actually worth and what it would’ve been worth had it been as represented.
