Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts FYLSE > Page 40 > Flashcards

Page 40 Flashcards

1
Q

What must the plaintiff prove for damages for SPL?

A

The damages were caused by the defendant’s conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are some examples of personal injuries that can be collected for under SPL damages?

A
  • pain and suffering
  • medical expenses
  • loss of income
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Most courts don’t allow what kind of recovery for damages for SPL?

A

Recovery for purely economic damages, although the minority view does allow this

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the two categories of tort damages?

A

general and specific damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are general damages for SPL?

A

Anything that directly flows from the defendant’s act, which can be both pecuniary and non-pecuniary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are special damages for SPL?

A

Anything you can get in addition that is specifically pleaded and proven

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are examples of specific damages for SPL?

A

Slander per se or punitive damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How are punitive damages considered specific damages for SPL?

A

They must be specifically asked for and specifically proven to be appropriate and deserved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the point of punitive damages?

A

Punish and deter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the Supreme Court rule to figure out punitive damages?

A

They must bear some reasonable relationship to the actual damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are punitive damages usually measured by?

A

Damages +3 times

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Sometimes huge corporations don’t abide by the damages +3 times rule for punitive damages, why?

A

Because they have to be charged more in order to teach them a lesson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is necessary in order to find punitive damages?

A

Some degree of malice on the defendant’s part

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the definition of malice in order to find punitive damages?

A

Ill will, hatred, or reckless disregard for the rights of the plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If only negligence is present, can punitive damages be given?

A

No, because there is no malice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can punitive damages be applied to the D’s that are vicariously responsible?

A

Yes, like employers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When measuring punitive damages, you must consider what?

A

The degree of defendant’s responsibility, and an admission of defendant’s wealth to figure out what a proper punitive damage would be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the way that some courts deal with punitive damages to make sure that everything comes out fairly?

A

They bifurcate the trial so that evidence isn’t admitted until the jury has already found liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are compensatory damages?

A

Damages that are meant to return the plaintiff to his pre-injury position and given to provide restitution for the harm

20
Q

What are the two different kinds of compensatory damages?

A

Pecuniary and nonpecuniary

21
Q

What does pecuniary mean?

A

Economic

22
Q

What are pecuniary damages?

A

These compensate for economic consequences or expenses of the injury

23
Q

What are some examples of pecuniary damages?

A
  • medical expenses
  • lost earning capacity
  • medical monitoring
  • custodial care
24
Q

What type of compensatory damages do most states usually cap recovery for?

A

Nonpecuniary damages

25
Q

What did nonpecuniary damages compensate for?

A

Physical and emotional consequences of the injury

26
Q

What are examples of nonpecuniary damages?

A

Pain and suffering, mental distress

27
Q

When can a plaintiff recover for future damages?

A

If they are reasonably certain to happen

28
Q

What is included in property damages?

A

Physical injury or disposition of property

29
Q

If you have been totally dispossessed of your property, what are the damages you can get?

A

Full market value of the item

30
Q

If you’ve been dispossessed of your real property, what are the damages that you can get?

A

Rental value while dispossessed

31
Q

If your property has suffered physical harm, what are the damages you can get?

A

Diminished value of the property

32
Q

Economic harm alone is only recoverable where?

A

In contract or warranty, not products liability

33
Q

What is an example where you can recover for a product being damaged in product liability?

A

If separate property is damaged, like a vacuum shorts out and burns down your house, you can get recovery for the house

34
Q

If a product only damages itself, where is the only place you can recover for that?

A

Warranty

35
Q

What is the mitigation rule/avoidable consequences doctrine?

A

If you are injured by someone else’s negligence, you must use reasonable care to promote recovery and prevent aggravation or increase of the injuries

36
Q

Who has the burden of proof under the avoidable consequences doctrine?

A

D must prove that plaintiff failed to reasonably mitigate his damages

37
Q

What is another name for the avoidable consequences doctrine?

A

Mitigation rule

38
Q

What is another name for the mitigation rule?

A

Avoidable consequences doctrine

39
Q

You only have to use what kind of care under the mitigation rule?

A

Reasonable care

40
Q

What are the factors to decide reasonable care under the mitigation rule?

A
  • the risk involved in mitigation
  • probability of success
  • pain and effort
  • whether plaintiff could afford mitigation
41
Q

Why does the mitigation rule have nothing to do with contributory negligence?

A

This is a rule of damages and the plaintiff’s failure to mitigate his damages didn’t cause or contribute to the original accident

42
Q

If you can prove that the plaintiff didn’t mitigate his damages, what does that do?

A

Reduces the amount of damages he can recover

43
Q

What are the two requirements to show the avoidable consequences doctrine?

A
  • Plaintiff’s conduct exacerbated the initial injury

- Plaintiff didn’t take reasonable action to lessen damages

44
Q

What is the collateral source rule?

A

All collateral benefits must be ignored by the court when figuring out defendant’s liability

45
Q

What is the rationale behind the collateral source rule?

A

The plaintiff’s ability to collect from other sources like insurance should not affect how liable the defendant is

46
Q

What is subrogation under the collateral source rule?

A

If an insurance company pays a claim, they can go to court to recoup the payment if the plaintiff has gotten money from the defendant and plaintiff must pay back the insurance company to prevent double recovery

47
Q

What are damages for strict product liability?

A
  • personal injuries
  • wrongful death
  • property damage

Torts FYLSE (61 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions