Tort Remedies

Question 1

General tort damages

Answer 1

1. Damages presumed to flow from the tort;
2. Past, present, and future.

Question 2

Special tort damages

Answer 2

1. Unique to P
2. Specifically pleaded
3. Reasonable certainty of amount
4. Not speculative
5. Proximate cause required

Question 3

Punitive tort damages

Answer 3

1. To punish D’s malicious or willful misconduct
2. Not usually available in K cases except for fraud and breach of express warranty (bad faith)

Question 4

Nominal tort damages

Answer 4

1. Declaration of P’s rights;
2. Usually intentional tort cases.