tort class notes 2,08

tort class notes 2,08 - Damages If negligent and hit bill...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Damages. If negligent and hit bill gates have lots of damages – small fault large damages, if drive like a maniac and hit homless man small damages. So there is a big chance aspect. Stated position is to put the defendant in the same position he would have been in without the tort, Jury toled reasonable compensation. Prob comes when non economic damages, in economic damages then by paying reaaonable damages get you o that position. By non economic damages harder- most people will never accept such a trade off like 1 mill to never walk again. In smith case p 449. Fails to provide adequate protection from being burn and he was burned. Acc. To the findings the burn turns into cancer so now seeking not only for the burn but for the cancer also. Court finds that the burn casued the cancer. So issue is what can you recover for the cancer. Defendant argues wagonmound ( d nehligently spilled oil, foreseeable to muck up, however burned and that was unforeseeable) so d says no one would forsee cancer for ot protecting worker so shouldn’t be liable. Here foreseeable would suffer that type of injury – burn. Whats unforeseeable isn’t that
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

Page1 / 3

tort class notes 2,08 - Damages If negligent and hit bill...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online