DAMAGES Flashcards
1
Q
Nominal Damages
A
- $1
2
Q
Compensatory Damages
A
- monetary damages to return victim to original position
- general damages: CA allows per diem argument, other states say maybe judge decides, create caps
- special damages: medical expenses, future earnings - issue for children, you have to guess what they would have become, collateral source rule = D has to pay costs even if paid out by insurance or free med care
- loss of enjoyment of life: majority (CA) = do not allow separate recoveries, minority allows
3
Q
Punitive Damages
A
- awarded when tort is committed w/malice (more than neg)
- damages designed to deter and punish
- CA requires that the conduct be despicable + clear and convincing burden
- need to adjust based on D’s wealth, requires a fair ratio between compensatory and punitive (1:1 or 1:2, but 1:10 is unfair)
