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Torts > Damages > Flashcards

Damages Flashcards

1
Q

Types of damages

A
  1. Compensatory
  2. Punitive
  3. Nominal
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2
Q

When are nominal damages awarded?

A
  • When a tort has been committed, but P has not suffered a substantial loss or injury
  • Often for trivial amount of money like $1
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3
Q

Are nominal damages available for negligence torts?

A

No, negligence requires actual harm/loss

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4
Q

What is a common purpose for nominal damages?

A

So that P can be marked as prevailing party and receive attorney’s fees

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5
Q

Purposes of Punitive Damages

A
  1. Punishment

2. Deterrence

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6
Q

Is there a bright-line ratio that punitive damages cannot exceed?

A

No, but typically 4-1 (single-digit) ratio between punitive and compensatory damages satisfies due process

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7
Q

Punitive Damages Guideposts

A
  1. Degree of reprehensibility of D’s misconduct
  2. Disparity between actual and potential harm suffered by P and punitive damages awarded and
  3. Difference between punitive damages awarded and civil penalties authorized or imposed in comparable cases
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8
Q

Punitive Damages in TN - Cap

A
  1. May only be awarded if P proves by clear and convincing evidence that D acted maliciously, intentionally, fraudulently, or recklessly
  2. Shall not exceed amount equal to greater of
    - 2x total amount of compensatory damages
    - $500,000
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9
Q

Punitive Damages in TN - Exceptions to Cap

A
  1. D commits intentional tort
  2. D is convicted of felony for act that caused P injury
  3. D intentionally falsifies, destroys, or conceals documents/evidence
  4. D is intoxicated by drugs or alcohol
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10
Q

Purpose of Compensatory Damages

A

Restore P to pre-tort status through monetary compensation

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11
Q

Types of Compensatory Damages

A
  1. Economic losses

2. Non-economic losses

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12
Q

Economic losses

A

Special damages

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13
Q

Non-economic losses

A

General damages

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14
Q

Examples of Economic Losses

A
  1. Lost earnings
  2. Loss or impairment of future earning capacity
  3. Past and future medical expenses
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15
Q

Lost earnings

A
  1. Looks back in time

2. What P was unable to earn in income in the past because of the injury

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16
Q

Loss/impairment of future earning capacity

A
  1. Looks forward

2. What P would have earned in income in the future if P had not been injured

17
Q

Examples of Non-economic Losses

A
  1. Past and future physical pain and suffering
  2. Past and future mental pain and suffering
  3. Permanent disability/disfigurement
18
Q

Loss of enjoyment of life - Majority

A
  1. Not separable compensable element from pain and suffering
  2. Cannot be listed as separate item on jury form
    (Not TN’s view)
19
Q

Loss of enjoyment of life - Minority

A
  1. Is recoverable as separate element of general (non-economic) damages
  2. May be included as separate item on jury form, at discretion of trial judge
    (TN’s view)
20
Q

Loss of enjoyment of life - TN

A
  1. Recoverable as separate element of general (non-economic) damages
  2. May be included as separate item on jury form, at discretion of trial judge
    (Minority view)
21
Q

TN’s Cap on Non-economic Damages

A

750,000

22
Q

Exceptions to TN’s Cap on Non-economic Damages

A
  1. P: imputation of two limbs
  2. P: 3rd degree burns over 30% of body
  3. P: Spinal cord injury = quadriplegic or paraplegic
  4. P: Death of custodial parent with surviving minor children
  5. D: Intentional tort causes P’s injury
  6. D: Felony causes P’s injury
  7. D: Intentionally falsifying, destroying, or concealing documents/evidence
  8. D: Intoxicated by drugs or alcohol
23
Q

Purpose of Remittitur

A

Control excessive jury award

24
Q

Remittitur

A

Order providing P with option to either

  1. Accept damages award smaller than that awarded by jury or
  2. Get a new trial
25
Q

Purpose of Additur

A

Avoid new trial on grounds of inadequate damages

26
Q

Additur

A

Order increasing jury’s award

27
Q

Additur - Majority

A

Unconstitutional because they violate right to jury trial

not TN’s view

28
Q

Additur - Minority

A

Constitutional

TN’s view

29
Q

Additur - TN

A

Constitutional

minority view

30
Q

Remittur - TN

A

Constitutional

majority view

31
Q

Remittur - Majority

A

Constitutional

TN’s view

Torts (7 decks)

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