Damages Flashcards
1
Q
Compensatory Damages
A
Designed to put the injured party in the position they would have been in had the breach not occurred.
2
Q
Punitive Damages
A
Meant to punish wrongful conduct.
3
Q
Nominal Damages
A
Token damages recognizing a wrong without significant harm.
4
Q
Damages in General
A
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.
5
Q
Mitigation Doctrine
A
Georgia requires plaintiffs to mitigate damages, and failure to do so can reduce recovery.
