Torts Negligence damages - MBE

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What must the P affirmatively prove in order to recover?

actual damages stemming from some congizable injury
Are nominal or punitive damages available for negligence?

no
What are compensatory damages trying to do?

return the P to her pre-injury condition using money as compensation
What are the 3 rules for recovery of compensatory damages?
- (1) foreseeable
- (2) reasonably certain - can't be speculative
- (3) not unavoidable
What are the 2 categories of compensatory damages?
- (1) special damages
- (2) general damages
What are examples of special damages?

medical bills, cost of repair, etc
Is a P entitled to recover for past, present, and future special damages?

yes
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
Does the collateral source rule apply to gratuitous services?

yes
What are general damages?

intangible damages such as pain and suffering
Which category of compensatory damages are easier to measure?

special damages b/c more tangible and puniary
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
Are punitive damages recoverable just for negligent conduct?

no the D must be more culpable than negligent
What are punitive damages?

an amount over and above the consequences needed to make the P whole
When are punitive damages available?

when there has been willful, wanton, or malicious conduct
Is a P entitled to punitive damages by right?

no but a jury may elect to award these
What are punitive damages also called?

exemplary damages
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
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
What is the limit that the DPC puts on punitive damages?

10% of the compensatory damage award may be unconstitutional

Author

stac8199

159127

Card Set

Torts Negligence damages - MBE

Description

negligence damages for MBE

Updated

2012-06-17T21:47:25Z

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