TORT - RECOVERY

Question 1

3 Types of Harm Compensated in Tort Law

Answer 1

(1) Physical Harm: impaired physical condition of body (impaired physicality, disease/illness, death) exacerbating existing physical impairment), real estate, or tangible property

-most readily compensable

(2) Emotional Harm: disturbance to person’s mental or emotional tranquility (negative emotions); can manifest itself physically or not

• easier to recover if traceable to physical harm
  -if not traceable to physical harm, need to establish:
  (i) IIED
  (ii) NIED
  (iii) Bystander Recovery
  (iv) Loss of Conssortium

(3) Economic Harm: pure financial harm not connected to physical harm
- tort law generally doesn’t compensate for pure economic loss unless victim proves:
(i) professional malpractice
(ii) fraudulent or negligent misrepresentation
(iii) tortious interference with business relations
(iv) breach of contract or warranty

Question 2

Pure Economic Loss

Answer 2

-property causes harm to itself ≠ compensable in tort law; must invoke contract law to recover

-defective property harms other property = physical harm + tort law compensates

-one defective part of product defects another part of or itself product ≠ compensable –> treated as harming itself
EXCEPTION: one contaminated part of a building harms another –> resulting harm compensable in tort