Torts [LEGAL] Remedies Flashcards
Tort [Legal] Remedies: Compensatory Damages
Compensatory Damages: A plaintiff is entitled to all compensatory damages to put them back in the position they would be in had the injury never occurred. Compensatory damages must be foreseeable, unavoidable, casual, and certain.
Tort [Legal] Remedies: Monetary Damages for Intentional Misrepresentation
Monetary Damages for Intentional Misrepresentation: Where an intentional misrepresentation is made in connection with the purchase and sale of real property, there is a jurisdictional split as to the applicable measure of damages. Benefit of the Bargain Damages: In jurisdictions that use a “benefit-of-the-bargain” measure of damages, the plaintiff receives the value that the property would have had if the misrepresentation had been true. Out-of-Pocket Damages: In jurisdictions that use the “out-of-pocket” measure of damages, the plaintiff can recover the difference between that which she paid and the value of that which she received.
Tort [Legal] Remedies: Nominal Damages
Nominal Damages: A plaintiff may recovery nominal damages when the defendant has committed a legal wrong but the plaintiff suffered no actual, monetary loss.
Tort [Legal] Remedies: Punitive Damages
Punitive Damages: Punitive damages are awarded to punish a defendant for wrongful conduct that involves malice, oppression, or fraud; in negligence cases, a gross recklessness also supports an awareness of punitive damages. To obtain punitive damages, a plaintiff must first be awarded compensatory, nominal, or restitution damages. Any punitive damages must be relatively proportional to the other damages awarded; some courts limit punitive damages to ten times the other relief awarded.
