Negligence Remedies Flashcards
1
Q
A
2
Q
What is the goal of damages in tort?
A
To put the injured party in the position they would have been in had the tort not occurred.
3
Q
What duty do tort victims have regarding their losses?
A
They have a duty to mitigate their loss to avoid avoidable damages.
4
Q
What are recoverable pecuniary losses for a living claimant?
A
1) Loss of past income, 2) Loss of future income, 3) Past and future medical treatment expenses, costs of care, necessary equipment, or modifications.
5
Q
What are recoverable non-pecuniary losses?
A
Past and future pain and suffering and loss of amenity.
6
Q
How is damage to property typically measured?
A
By replacement costs or repair costs.
