Legal Remedies

Question 1

The two types of compensatory damages are:

Answer 1

1. General Damages

2. Special Damages

Question 2

Pre-judgment interest starts from

Answer 2

Either the time of loss or the filing of the suit
AND
Where damages are certain or capable of being made certain

Question 3

Collateral Source Rule

Answer 3

If payments to plaintiff come from a source that is unrelated to defendant, THEN the defendant cannot use the payment to offset whatever damages defendant owes

Question 4

Gratuitous Collateral Source

Answer 4

Minority – Defendant can reduce payment by amount of payment Plaintiff receives from an unrelated party if that payment was voluntary
Majority – Defendant cannot reduce payment where Plaintiff receives payment from an unrelated party even if that payment was voluntary