Damages Flashcards
What are nominal damages?
Generally a small amount that was awarded after there was no physical harm done to the plaintiff that the law recognizes, and despite lack of physical harm the plaintiff still had their interests violated.
What are compensatory damages?
Financial equivalent of loss, restore P back to rightful position.
What are punitive damages?
Punishment and deterrent, stop it from happening again.
How to calculate the amount of damages so its not to high. (Must walk through all three)
Reprehensibility the reprehensible conduct that is closely related to the plaintiff’s particular harm. this means you can only punish the plaintiff for the defendants harm.
compare and contrast the punitive damages award with the civil damages in similar cases.
What are economic damages/losses ?
anything that the court can put a dollar amount on. P are entitled to both future and past wages.
What are non economic damages?
Pain and suffering, putting a dollar amount on the loss of enjoyment that the plaintiff suffered.
What is the collateral- source rule?
if the injured party receives some compensation for his injuries from a third party such as insurance that should not be deducted from the damages that the P can recover from the original tortfeasor.
What are Mitigation of damages?
allegation that the plaintiff failed to act reasonably and contributed to their own harm.
What are the 3 mitigation factors?
Risk- how hazardous or dangerous the surgery is and if a reasonable person would have gone thru with it.
Probability of successes- what are the chances that this would work and would and RPP have gone thru with it?
Money or effort- time and burden to see if an RPP would have gone thru it.
What is the rule of highest intermediate value?
Allows damages based on the highest value of the good have reached during the time of loss to the time of the trial.
What is the highest replacement value rule? aka the NY rule.
Allows damages based on the highest value the goods have reached between the time plaintiff discovers the harm and the time he reasonably could’ve replaced it on the market.
