Tort Remedies: Specific Remedies: Injuries to Personal Interests Flashcards
What are the remedies for personal injury?
Usually, damages:
- economic losses (special damages) -
- RULE –> P can recover all economic losses PROXIMATELY CAUSED by injury
-Examples –> past and future medical expenses, past and future loss of earnings.
NOTE:
(i) award must be lump sum. Future amounts must be discounted to present value
- Noneconomic losses (general damages)
- RULE –> P can recover for non-economic losses (past and future)
- Examples –> pain and suffering, emotional distress, loss of enjoyment of life etc
What are limitations on damages for personal injury?
- Collateral sources rule
2. avoidable consequences doctrine
What are the remedies for defamation?
Usually damages.
- restitution is usually denied
- injunctions rarely granted bc it’s a prior restraint on speech
What are the remedies for privacy claims?
Damages –> recoverable for mental anguish
Restitution –> will most likely be denied bc D is not enriched
Injunction –> most effective remedy
What are the remedies for fraud?
- consequential damages are OK
- punitive damages OK if malice is shown
If FRAUD by seller –> some courts apply “benefit of the bargain” measure of damages (difference between K value and actual value received)
If FRAUD is by buyer –> P recovers damages proximately caused
P may also elect to:
- rescind K
- have constructive trust imposed on property obtained by fraud
What are the remedies for inducing breach of contract?
Damages for all losses proximately caused
Restitution/Injunctive relief are RARE
What are the remedies for interference w a prospective advantage?
Damages are usually speculative, but P can seek restitution of BENEFIT obtained by D