LEGAL REMEDIES (TORTS)

Question 1

Type of Tort Remedies

Answer 1

1. Legal
2. Restitutionary
3. Equitable

Question 2

LEGAL REMEDIES (TORTS) means:

Answer 2

Damages

Question 3

Definition: Defendant is ordered to pay money to plaintiff.
Three types:

Answer 3

(i) compensatory
(ii) nominal
(iii) punitive

Question 4

COMPENSATORY
BASIC CONCEPT

Answer 4

These are based on the damage to the plaintiff. (They put the injured party in the position he/she would have been in had the injury not occurred.)

Question 5

4 REQUIREMENTS CHECKLIST for Compensatory

Answer 5

1st) CAUSATION
* This refers to actual causation. (The “but for” test)
2nd) FORESEEABILITY
* This refers to proximate causation. (The injury must have been foreseeable at the time of the tortious act.)
3rd) CERTAINTY
* Damages cannot be too Speculative
4th) UNAVOIDABILITY
* Plaintiff must take reasonable steps to mitigate the damages.

Question 6

For compensatoty damages, write:

Answer 6

“The judgment must be a single lump sum payment that will be discounted to present value without taking inflation into account (except under the modern rule).”

Question 7

NOMINAL
BASIC CONCEPT

Answer 7

These are awarded where plaintiff has no actual injuries.
They serve to establish or to vindicate the plaintiff’s rights.

Question 8

PUNITIVE
BASIC CONCEPT

Answer 8

These are awarded to punish the defendant.

Question 9

THE THREE RULES for Punative

Answer 9

1st RULE: In order to get punitive damages, plaintiff must have first been awarded compensatory or nominal damages.

• Note: Punitive damages can also be attached to restitutionary damages.

2nd RULE: In order to get punitive damages, defendant’s type fault must be greater than
negligent.

3rd RULE: Generally, punitive damages are awarded in an amount relatively proportionate to actual damages. (As actual damages go up, punitive damages go up.) U.S. Supreme Court would limit punitive damages to a single digit multiple of actual damages unless conduct facts are extreme.