Tort - Legal Remedies

Question 1

Actual Damages

Answer 1

For tort claims, P is awarded compensatory damages to put P back in the position he was in before the tort
* General Damages: compensation for foreseeable losses (ex. pain/suffering)
* Special Damages: compensation for non-foreseeable losses that must be specially pleaded (ex. lost wages)

All tort damages must be foreseeable, certain, and unavoidable

Question 2

Nominal Damages

Answer 2

When P can’t prove an actual injury or loss, P can recover nominal damages (small, nominal amounts of money)

Question 3

Punitive Damages

Answer 3

Punitive damages are used to punish and deter wrongful conduct and does not actually compensate P’s injury.
* Proportional to actual or nominal damages

Available for intentional torts (where D acts with intent to harm P’s interests)