Tort Remedies Flashcards
1
Q
Collateral Source Rule
A
A plaintiff may recover damages from the tortfeasor although the plaintiff has received payment from a collateral source
2
Q
Economic Loss Rule
A
A limitation on damages in tort law for purely economic losses arising from sales of goods governed by UCC article 2
3
Q
Punitive Damages
A
A majority of jxs allow for punitive damages in tort actions if the D is guilty of willful and malicious conduct.
The test:
1. Reprehensibility of conduct
2. ratio of award to actual compensatory damages
3. difference bt award and statutory sanctions imposed for similar conduct
