TORT REMEDIES LEGAL Remedies DAMAGES – Based on the injury to the P [compensatory, nominal, punitive]
Three Types Compensatory – Place the injured party in the position he would have been in had the injury not occurred.
Nominal – Awarded when the plaintiff has NO actual injury in order to establish or vindicate the P's rights.
Punitive – Damages awarded to punish the defendant (3 Rules)
Actual Damages Prerequisite – In order to get punitive damages, P must have been awarded compensatory ornominal 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 Causation – Actual causation ("but for" test)