Torts (Legal Remedies)

Question 1

Damages

Answer 1

Money the court orders the defendant to pay to the plaintiff. Three types of money damages available in torts:
1. compensatory
2. nominal
3. punitive

Question 2

Compensatory damages

Answer 2

Money damages that compensate plaintiff for loss or injury. Intended to put the injured party in the position they would have been in had the injury not occured.

Question 3

Four requirements for damages to be recoverable

Answer 3

1. Causation (actual/but for test)
2. Foreseeability (proximate causation)
3. Certainty (damages cannot be too speculative)
4. Unavoidability (plaitniff must take reasonable steps to mitigate the damages)

Question 4

Special damages

Answer 4

Economic losses. Damage calculation must be made with sufficient certainty.

Question 5

General damages

Answer 5

Non-economic damages. Certainty rules do not apply here. The jury may award any amount it wishes within the judge’s instructions.

Question 6

How is the award made?

Answer 6

Single lump sum payment

Award must be discounted to present value AND inflation is not taken into account

Question 8

Nominal damages

Answer 8

Recoverable when no actual injury is sustained. Serve to establish or vindicate Plaintiff’s rights.

Question 9

Punitive damages

Answer 9

Punish the defendant for wilful, wanton, or malicious conduct. Applicable to intentional torts and torts committed by reckless misconduct.

Question 10

Three rules

punitive damages

Answer 10

1. the plaintiff must have been awarded compensatory, nominal, or restitutionary damages
2. defendant’s fault must be greater than negligence
3. awarded in an amount proportionate to actual damages