Legal Remedies

Question 1

Compensatory Damages

Answer 1

1. Causation (factual + proximate)
2. Certainty
3. Unavoidable (reasonable steps to mitigate)

• past = historic record
• future = more likely than not

-judgment must be single lump sum amount that will be discounted to the pressing value not taking inflation into account (except under the modern rule)

K’s:

• expectancy + consequential
• Liq Dmg Clause: diff to ascertain + reas forecast (clause w choice = invalid)

Question 2

Nominal Damages

Answer 2

No injury; to est. or vindicate rights

Question 3

Punitive Damages

Answer 3

NOT FOR K’S

To punish D
Must be attached to compensatory or nominal damages or tort restitutionary damages

• D must be > negligent
• proportionate to actual damages (9:1)