Torts Negligence damages - MBE

Card Set Information

Author:
stac8199
ID:
159127
Filename:
Torts Negligence damages - MBE
Updated:
2012-06-17 17:47:25
Tags:
Negligence damages
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Description:
negligence damages for MBE
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  1. What must the P affirmatively prove in order to recover?
    actual damages stemming from some congizable injury
  2. Are nominal or punitive damages available for negligence?
    no
  3. What are compensatory damages trying to do?
    return the P to her pre-injury condition using money as compensation
  4. What are the 3 rules for recovery of compensatory damages?
    • (1) foreseeable
    • (2) reasonably certain - can't be speculative
    • (3) not unavoidable  
  5. What are the 2 categories of compensatory damages?
    • (1) special damages
    • (2) general damages 
  6. What are examples of special damages?
    medical bills, cost of repair, etc
  7. Is a P entitled to recover for past, present, and future special damages?
    yes
  8. What is the collateral source rule in the special damages context?
    fact that P is getting compensated from 3P source doesn't mean that D tortfeasor doesn't have to pay them

    D can't benefit from P having been insured 
  9. Does the collateral source rule apply to gratuitous services?
    yes
  10. What are general damages?
    intangible damages such as pain and suffering
  11. Which category of compensatory damages are easier to measure?
    special damages b/c more tangible and puniary
  12. What is the avoidable consequences rule in the special damages context?
    P has an affirmative duty to mitigate his damages when able to do so
  13. Are punitive damages recoverable just for negligent conduct?
    no the D must be more culpable than negligent
  14. What are punitive damages?
    an amount over and above the consequences needed to make the P whole
  15. When are punitive damages available?
    when there has been willful, wanton, or malicious conduct
  16. Is a P entitled to punitive damages by right?
    no but a jury may elect to award these
  17. What are punitive damages also called?
    exemplary damages
  18. What is the goal of punitive damages?
    to make an example of this D so he won't repeat this action and others won't do it either
  19. Why is the wealth of D highly relevant regarding punitive damages?
    • (1) must know the amount of money that will actually hurt the D
    • (2) DPC limits these and more than10% of the compensatory damage award may be unconstitutional 
  20. What is the limit that the DPC puts on punitive damages?
    10% of the compensatory damage award may be unconstitutional

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