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stac8199
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What must the P affirmatively prove in order to recover?
actual damages stemming from some congizable injury
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Are nominal or punitive damages available for negligence?
no
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What are compensatory damages trying to do?
return the P to her pre-injury condition using money as compensation
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What are the 3 rules for recovery of compensatory damages?
- (1) foreseeable
- (2) reasonably certain - can't be speculative
- (3) not unavoidable
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What are the 2 categories of compensatory damages?
- (1) special damages
- (2) general damages
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What are examples of special damages?
medical bills, cost of repair, etc
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Is a P entitled to recover for past, present, and future special damages?
yes
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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
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Does the collateral source rule apply to gratuitous services?
yes
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What are general damages?
intangible damages such as pain and suffering
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Which category of compensatory damages are easier to measure?
special damages b/c more tangible and puniary
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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
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Are punitive damages recoverable just for negligent conduct?
no the D must be more culpable than negligent
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What are punitive damages?
an amount over and above the consequences needed to make the P whole
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When are punitive damages available?
when there has been willful, wanton, or malicious conduct
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Is a P entitled to punitive damages by right?
no but a jury may elect to award these
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What are punitive damages also called?
exemplary damages
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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
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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
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What is the limit that the DPC puts on punitive damages?
10% of the compensatory damage award may be unconstitutional
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