Remedies

Question 1

Torts - Remedies - Types (7)

Answer 1

1. Actual dx
2. Future dx
3. Interest award
4. Attorney Fees
5. Punitive dx
6. Duty to mitigate
7. Injunctive relief

Question 2

Torts - Remedies - Dx - Prove Requirements Gral Rule

Answer 2

As a Gral Rule: D must prove actual Dx for “prima facie” case

UNLESS: “Nominal dx” for BAFTD

Question 3

Torts - Remedies - Dx - Prove Requirements - Type of dx (2)

Answer 3

1. General Dx: “flow from tort” and are hard to quanitfy, very subjective value (“speculative”) - i.e. pain, suffering
2. Special Dx: quantifiable economic loss, concrete $ value - i.e. property dx, lost wages, medical expenses)

Question 4

Torts - Remedies - Dx - Prove Requirements - Nominal Dx BAFTD

Answer 4

• No need of prove for prima facie case - Jury PRESUMPTION of injury and nominal dx can be awarded
• BAFTD
  
  • battery
  • assault
  • false imprisonment
  • Tresspass of land
  • Defamation (per se)

Question 5

Torts - Remedies - Dx - Burden of Proof Standard

Answer 5

Mere preponderance

• clearnadn convincing for fraud and defamation

Question 6

Torts - Remedies - Dx - Collateral Source Rule

Answer 6

• Excludes as admissible E to jury
• Of payments/considerations P received from other sources for the same injury
  
  • i.e. insurance recovevry

Question 7

Torts - Remedies - Future Dx / what, how

Answer 7

• Bc of foreseable consequence of tort
  
  • Discounted to present value
  • Cant be too speculative
• i.e. lost earnings

Question 8

Torts - Remedies - Interest Award / when, date of accrual

Answer 8

• For cases where liability and dx amount not liquidated (easily determinable) and to be determined by jury
• Only for post-judgment interests on succesful tort verdict
• Accrual starts on judgment date

[pre-judgment interest only when liquidated dx]

Question 9

Torts - Remedies - Attorney Fees / gral rule, exceptions (3)

Answer 9

GRAL RULE: not awarded (independent of contract provision)

UNLESS:

1. D’s breach of fiduciary duty
2. Authorized by statute
3. Prevailing federal civil rigths claim

Question 10

Torts - Remedies - Punitive Dx Rule

Answer 10

OK in most jdx in addition to actual dx when:

• recjless, maliece, willful acts and foreseable degree of harm

Question 11

Torts - Remedies - Duty to mitigate Dx / effect

Answer 11

Duty for P

• potential reduction of $ of recovery

Question 12

Torts - Remedies - Injunctive Relief / when, burden of proof

Answer 12

• For continuing torts
  
  • i.e. trespass, nuisance, conversion, invasion of privacy
• P has burden of proof on inadequacy of dx and need of injunction