Remedies and Damages

Question 1

types of damages

Answer 1

economic and non-economic

Question 2

economic damages

Answer 2

medical; lost wages; future income; property loss;

Question 3

Punitive economic damages

Answer 3

3 elements: 1. reprehensibility 2. comparison of harm to punitive damages awarded 3. will not exceed 10x the value of the harm

Question 4

Non-economic Damages

Answer 4

pain and suffering; loss of consortium; loss of enjoyment of life; emotional distress; loss of chance;

Question 5

Pain and suffering

Answer 5

3 times damages; often largest part of tort actions; cap for damages (MD 500,000)

Question 6

Loss of Consortium

Answer 6

usually only for spouse, loss of services of a minor child; 2 parts: 1. value of the services actually provided by spouse 2. intangible loss of diminished love, companionship, sex

Question 7

Loss of chance

Answer 7

if star athlete is hurt by negligent actor, can recover for scholarships; probability that the consequences of a tort will lower someone’s future income

Question 8

Rules for remedies and damages

Answer 8

Collateral source rule; Aggravation doctrine/eggshell; doctrine of avoidable consequences/duty to mitigate damages; Joint and Several liability; punitive damages; Damages to property and nuisance law;

Question 9

Collateral Source Rule

Answer 9

excludes evidence that P’s med bills had been paid thru insurance;

Question 10

Aggravation/Eggshell skill

Answer 10

liable not only for damages from direct injuries inflicted on the V, also for V’s pre-existing disease, condition, or predisposition to injury; must take V as you find them; ensures V receives full compensations

Question 11

Doctrine of Avoidable consequences/duty to mitigate

Answer 11

injured party may not recover from wrongdoer fo consequences of the injury, which could have been reasonably avoided, unless reckless or intentional on the part of D;

Question 12

Duty to mitigate

Answer 12

attempt to prevent the harm from increasing; good faith; reasonable skill, prudence, and efficiency; cannot recover if damages could have been avoided; does not apply to reckless and intentional acts

Question 13

Joint and Several Liability

Answer 13

one party is responsible for the torts of the JV partner; if one is bankrupts the other may be held responsible for all damages; cannot sue for full amount from each

Question 14

Punitive damages

Answer 14

degree of reprehensibility of D’s misconduct; ratio between compensatory damages and the amount of punitive damages; diff between punitive damages awarded by jury and civil penalties authorized or imposed in comparable cases; cannot be more than 10x compensatory damages; only if compensatory damages; for any CL tort if the statute allows it

Question 15

MD rules for punitive

Answer 15

reckless or malicious behavior not for gross negligence; cap $500,000; $700,000 for multiple parties; must be shown by clear and convincing evidence

Question 16

Damages to property and nuisance laws

Answer 16

Trespass; conversion; nuisance

Question 17

Trespass to land

Answer 17

intentional and unauthorized invasion of property; intent is to enter the property; when a person or object (litter) enters the property

Question 18

Intentional trespasser

Answer 18

liable to another for trespass; irrespective of whether he causes harm or not if he intentionally: 1. enters land in the possession 2. remains on the land or 3. fails to remove the land a thing which he is under a duty to remove

Question 19

negligent trespasser

Answer 19

must cause hurt or harm for damages; usually intentional; throwing something on property and cause harm to person/property

Question 20

trespass to chattel

Answer 20

intentional interference with P’s right of possession to personal property; if D damages property or deprives the P of possession

Question 21

Conversion

Answer 21

require D to interfere with anothers right of possession in property; D must have intended to exercise control over property to another; interference must be so serious that warrants D pay personal property’s full value

Question 22

Examples of Conversion of Chattel

Answer 22

intentionally taking chattel from possession of someone w/o consent; obtaining personal property by fraud, misrepresentation or duress; barring the person who rightfully owns the property from getting access to it; using chattel in a manner that is serious violation of another’s right to control its use

Question 23

Converstion

Answer 23

outright theft of personal property; act done w/ intent to exercise essential rights of an owner over property; diminishes, lessons, or deprives owner of their rights to use it;

Question 24

Difference between conversion and trespass

Answer 24

seriousness the extent of the magnitude of the interference w/ rights of true possessor

Question 25

Intent

Answer 25

intent to exercise dominion over property; can believe personal property is yours yet it is someone else’s and you intentionally exercise enough dominion over it; intent to steal courts will use that as a factor to determine degree

Question 26

Remedy for Trespass to land/chattel

Answer 26

award of the value of the thing of conversion plus interest; Factors: 1. extent and duration of actors control 2. actors intent 3. actors good faith 4. extent and duration of interference with others right of control 5. harm done to the chattel 6. inconvenience and expense caused

Question 27

Nuisance

Answer 27

unreasonable, unwarranted and/or unlawful use of property which causes inconvenience or damage to others

Question 28

Private nuisance

Answer 28

general interference with collective interest with public at large, harms multiple people; 1. if someone interferes with public health 2. public moral 3. gambling den on your property 4. harming morals by allowing gambling on your property 5. public peace (roudy and destructive people leaving bar at night)

Question 29

2 types of public nuisance

Answer 29

nuisance per se/in fact and Nuisance at law/intrinsic nuisance

Question 30

Nuisance per se

Answer 30

someone violates a statute

Question 31

Nuisance at law

Answer 31

thing that endangers public that do not break a rule; no nuisance to chattel or person (car with loud music); coming to a nuisance (factory producing a lot of smoke, buy property next to factory, law assumes you paid less b/c of proximity to factory)

Question 32

if nuisance is reasonable

Answer 32

location, nature of use, character of neighborhood, priority (who was there first), lawfulness of business, extent and frequency of injury, effect on teh enjoyment of life, health, and property of neighbors

Question 33

Damages for nuisance 3 option

Answer 33

1. damages for harm done (present and future) 2. injunction 3. grant an injunction to the manner of operation the plant

Question 34

Injunction, RS 936 (1) injunction depends on a number of factors

Answer 34

1. character of the interest to be protected 2. adequacy of the P of injunction and of other remedies 3. P delay in bringing suit 4. P’s misconduct 5. relative hardship likely to result to D if injunction is granted and to P if denied 6. interests of 3rd parties and public 7. practicality of framing and enforcing the order of judgment 8. must first ask if there is a nuisance