A - Law Cases - LANDMARK LEGAL and BAER RENDALL (miss Belanger and Precision)

Question 1

LANDMARK LEGAL - WHITEN v. PILOT

What (5) should punitive damage awards be proportionate to?

Answer 1

Proportionate to

• degree of GUILT of defendant
• degree of VULNERABILITY of plaintiff
• degree of HARM caused to plaintiff
• The NEED TO DETER
• ADVANTAGE WRONGFULLY GAINED from defendant.

Question 2

LANDMARK LEGAL - WHITEN v. PILOT

3 purposes of punitive damages.

Answer 2

To retribute
To deter
To denounce
(To punish)

Question 3

BAER RENDALL- GLYNN v SCOTTISH UNION

2 conditions that an insured must prove to recover from an indemnity contract.

Answer 3

1) must prove THAT THE INSURED EVENT REALLY OCCURRED

2) must prove THAT THE EVENT CAUSED A MONETARY LOSS TO THE INSURED

Question 4

BAER RENDALL- GLYNN v SCOTTISH UNION

Describe how a VALUED POLICY differs from a typical insurance policy.

Answer 4

For a valued policy : insured does not need to prove the amount of loss

insured only needs to prove that the loss comes from a covered event.

Question 5

BAER RENDALL

4 combinations of LOSS SHARING between the tortfeasor and collateral sources.

Answer 5

THINK Stephen Harper:
He wins the ELECTION, he CUMULATES the mandates, we would like to be REIMBURSED, we all wish to RELIEVE THE TORFEASOR of his functions.

1) ELECTION : victim can choose the source of compensation
2) CUMULATION : victim can collect from more than one source
3) REIMBURSEMENT : tortfeasor pays full amount of damage and any excess is returned to the collateral source
4) RELIEVING THE TORTFEASOR : tortfeasor’s overall liability is reduced by the amount of the collateral benefit received by the injured person.