Damages Flashcards
(26 cards)
What is the primary purpose of awarding damages in tort law?
To provide compensation for harm caused by negligent, intentional, or strict liability conduct.
Why must liability rules include remedies?
Because liability is only effective if the law provides a remedy like compensation.
What are the main functions of awarding damages?
Reparation, deterrence, punishment, and vindication.
When is the deterrence and punishment function of damages strongest?
In privacy and personality rights cases.
What are the two forms of reparation?
Reparation in kind and reparation in money.
What does reparation in kind aim to do?
Restore the status quo ante.
What is the purpose of nominal or symbolic damages?
To recognize that a legal right has been infringed even if no real damage occurred.
What are examples of symbolic damages in different legal systems?
France: franc symbolique, England: nominal damages, Germany: Feststellungsurteil (declaratory judgment).
What are punitive damages intended to do?
Punish the defendant and deter future wrongdoing.
What is the difference between aggravated and exemplary damages?
Aggravated damages focus on claimant’s suffering; exemplary focus on punishing defendant’s conduct.
What is the main distinction in French damages?
Pecuniary (dommage patrimonial) vs non-pecuniary (dommage moral) loss.
What provision allows non-pecuniary loss damages in Germany?
§253 II BGB for bodily integrity, freedom, or health infringement.
What is the English system of damages described as?
Patchy and hard to master, with many overlapping categories.
What types of non-pecuniary loss arise from personal injury?
Pain and suffering, loss of amenity (quality of life), loss of life expectancy.
How does France classify non-pecuniary personal injury?
Mental suffering, aesthetic damage, and loss of leisure.
What factor affects non-pecuniary damages across systems?
Amounts vary significantly and are hard to quantify.
What are typical future damage costs after personal injury?
Loss of earnings, increased medical needs, assistive devices.
What controversial factors affect future damages?
Plaintiff’s race and gender.
Why is using gender/race data for damage calculation criticized?
It embeds historical discrimination into compensation.
What costs are recoverable after wrongful death?
Funeral costs, maintenance loss, and non-pecuniary loss for relatives.
How does Germany limit wrongful death claims?
Only statutory dependents can claim; reform in 2017 allowed limited non-pecuniary claims.
What is England’s approach to wrongful death claims?
Includes spouses, cohabitants (2 years), children, and parents of minors.
How inclusive is France in awarding wrongful death damages?
Very inclusive; no fixed list, includes close friends and fiancés.
What is contributory negligence?
When a claimant’s own behavior contributed to the damage.
