Torts Spring

Question 1

Damages

Answer 1

an essential element of plaintiffs case for negligence, its the actual harm or injury. Damages are not presumed like in intentional torts some proof harm was suffered.

Question 2

Punitive Damages

Answer 2

awarded in order to punish defendant and deter defendant and others from engaging in similar conduct in the future.

Question 3

Compensatory damages

Answer 3

financial equivalent of the loss or harm suffered by the plaintiff. To make the plaintiff whole again to restore the plaintiff to the position the plaintiff was in before the tort happened.

Question 4

Personal Injury Damages

Answer 4

Plaintiff is to be compensated for all his damages (past, present and prospective) Includes adequate compensation for economic and non economic damages.

Question 5

Economic Damages

Answer 5

refer to quantifiable monetary losses like medical expenses, chance of future injury, lost wages, lost or impairment of future earning capacity.

Question 6

Non economic damages

Answer 6

encompasses intangible losses like pain and suffering emotional distress and loss of enjoyment of life which are harder to put a price on.

Question 7

Property Damage

Answer 7

Measure of damages is the reasonable COST OF REPAIR or if the property has been almost or completely destroyed, its the FAIR MARKET VALUE at the TIME of the accident

Question 8

Recklessness and gross negligence

Answer 8

conduct short of intentional wrongdoing also may be sufficient to justify punitive damages in most jurisdictions. Conduct that’s merely negligent even if it causes severe damage is insufficient to justify punitive damages

Question 9

Vicarious Liability

Answer 9

When a person or entity can be held liable though they played no part in the commission of a tort and did nothing to aid or encourage it.