tort class notes 2,08

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

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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.
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