Remedies outline tort remedies

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Remedies Outline

REMEDIES OUTLINE

TORT REMEDIES
1. LEGAL Remedies
  1. DAMAGES – Based on the injury to the P [compensatory, nominal, punitive]
    1. Three Types
      1. Compensatory – Place the injured party in the position he would have been in had the injury not occurred.
      2. Nominal – Awarded when the plaintiff has NO actual injury in order to establish or vindicate the P's rights.
      3. Punitive – Damages awarded to punish the defendant (3 Rules)
        
        Actual Damages Prerequisite – In order to get punitive damages, P must have been awarded compensatory or nominal damages first.
        
        Note: Punitive damages can also be attached to restitutionary damages for tort cases.
        
        Willful, Wanton, Malicious – In a non-contract claim, P must prove by clear and convincing evidence that D engaged in conduct beyond mere negligence.
        
        Due Process Concerns – Apply 3 factors to determine if the damages are grossly excessive.
        
        Reprehensibility of the D’s conduct
        
        Reasonable ratio – punitive to actual damages (Single digit)
        
        Difference between the punitive damages and the civil statutory penalties/ fines available for similar conduct

Four Requirements
1. Causation – Actual causation ("but for" test)
2. Foreseeablity – Proximate causation, the injury must have been foreseeable a the time of the tortious act
3. Certainty – Damages cannot be speculative
  1. Economic Losses (Special Damages) – must be proved with sufficient certainty. (ex. medical expenses, lost earnings)
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