Tort Remedies: Specific Remedies: Injuries to Personal Interests

Question 1

What are the remedies for personal injury?

Answer 1

Usually, damages:

1. economic losses (special damages) -
   - RULE –> P can recover all economic losses PROXIMATELY CAUSED by injury

-Examples –> past and future medical expenses, past and future loss of earnings.

NOTE:
(i) award must be lump sum. Future amounts must be discounted to present value

2. Noneconomic losses (general damages)
   - RULE –> P can recover for non-economic losses (past and future)
   - Examples –> pain and suffering, emotional distress, loss of enjoyment of life etc

Question 2

What are limitations on damages for personal injury?

Answer 2

1. Collateral sources rule

2. avoidable consequences doctrine

Question 3

What are the remedies for defamation?

Answer 3

Usually damages.

• restitution is usually denied
• injunctions rarely granted bc it’s a prior restraint on speech

Question 4

What are the remedies for privacy claims?

Answer 4

Damages –> recoverable for mental anguish

Restitution –> will most likely be denied bc D is not enriched

Injunction –> most effective remedy

Question 5

What are the remedies for fraud?

Answer 5

• consequential damages are OK
• punitive damages OK if malice is shown

If FRAUD by seller –> some courts apply “benefit of the bargain” measure of damages (difference between K value and actual value received)

If FRAUD is by buyer –> P recovers damages proximately caused

P may also elect to:

• rescind K
• have constructive trust imposed on property obtained by fraud

Question 6

What are the remedies for inducing breach of contract?

Answer 6

Damages for all losses proximately caused

Restitution/Injunctive relief are RARE

Question 7

What are the remedies for interference w a prospective advantage?

Answer 7

Damages are usually speculative, but P can seek restitution of BENEFIT obtained by D