Damages in Tort Cases

Question 1

What is the standard measure for damages involving Personal Injury claims

Answer 1

1. pain and suffering
2. reputation or
3. privacy

Question 2

What are General Damages?

Answer 2

Damages that naturally flow from the D’s act.
General damages are presumed.
They do not have to be pleased by the P

Question 3

What are Special Damages?

Answer 3

These are other damages that arise bc of the D’s harm.

The must be separately pleased and proven.

Question 4

What is the standard measure for damages involving Personal Property?

Answer 4

1. The diminution of value of the property caused by damages to the personal property OR
2. the cost of repair the damages to the property AND P is entitled to the loss of use damages if {P is recovering cost of repair.}
   [WHICHEVER IS LESS]

Question 5

What is the standard measure for damages involving DESTRUCTION of Personal Property?

Answer 5

For destruction of personal property the standard measure of damages is
1. the market value of the item that is destroyed
OR
2. the replacement value MINUS depreciation

Question 6

What are the standard measure for damages in cases involving the TAKING of personal property?

Answer 6

CONVERSION or TRESPASS TO CHATTEL

Question 7

What is one major difference btwn conversion and trespass to chattel

Answer 7

1. Conversion involves a more SUBSTANTIAL INTERFERENCE with the property interest (i.e., more damages/dispossession) vs. Trespass to Chattel involves a LESSER PERIOD OF INTERFERENCE/Damages

Question 8

What is the general remedy in case of conversion?

Answer 8

Force Sale- the D is forced to compensate the P the FMV for the item converted. But the D gets to keep the item.

Question 9

What is the generally remedies available in case of trespass to chattel?

Answer 9

1. Repair value or
2. rental value
   either case P gets to keep the item.

Question 10

What is the standard measure for damages involving Real Property?

Answer 10

the diminution of value caused by damages to real property OR
the cost of repair AND the loss of use

Question 11

What is the standard measure for damages involving DESTRUCTION of Real Property?

Answer 11

1. The market value BEFORE the destruction minus the market value AFTER the destruction (the Diminution of value) OR
2. The cost to rebuild
   [WHICHEVER IS LESS]

Question 12

What remedy is available if a trespasser damages the land

Answer 12

If the trespasser damages the land then the owner can recover for those damages

Question 13

What remedy is available if a trespasser does not damage the land

Answer 13

if no damages to the land bc of the trespasser then the typical damages is NOMINAL DAMAGES

Question 14

what is the exception to the general remedy in cases where a trespasser does not damage the land

Answer 14

OUSTER committed by the trespasser. where P is prevented from being able to use his lands. Here, the P is entitled to recover the RENTAL VALUE for the period of that occupation

Question 15

when you CANNOT recover economic loss

Answer 15

The General rule- PURE economic interest CANNOT be recovered - i.e., if P suffers ONLY economic loss then P CANNOT recover any damages

Question 16

when you CAN recover economic loss

Answer 16

You can recover for economic loss ONLY if you are

Question 17

What is required in order recover for economic loss

Answer 17

unless it involves fraud, you can only recover for economic loss if it is tacked on to personal property injury or property damage.