Remedies outline - Remedies Fall 2006 Professor Steven...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Remedies Fall 2006 Professor Steven Lubell For Educational Purposes only
Background image of page 1

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

View Full DocumentRight Arrow Icon
Tort Remedies Actual Damages (Compensatory Damages) a. Economic Damages - Medical Expense – Past and Future (Present Cash Value). - Lost Earnings – Past and Future (Present Cash Value). - Lost Earning Capacity. - Loss of Ability to provide Household Services. - Damage to Real Property - Loss of Use of Real Property - Damage to Annual Crop - Damage to Perennial Crop - Damage/Destruction of Trees - Damage to Personal Property - Loss or Destruction of Personal Property - Loss of Use of Personal Property - Lost Profits Defense(s) (1) Collateral Source Rule (2) Avoidable Consequence Rule b. Non-Economic Damages - Physical Pain, Mental Suffering and Emotional Distress - Loss of Consortium Prejudgment Interest - Legal rate of 10% calculated from date of loss - Not on non-economic or punitive damages Nominal Damages Punitive Damages Restitution a. Replevin b. Common Counts c. Constructive Trust d. Equitable Lien Injunction a. Temporary Restraining Order b. Preliminary Injunction c. Permanent Injunction Professor Steve Lubell – Remedies Outline – Fall 2006 – Version 4 2
Background image of page 2
Introduction to Tort Damages In general, one who has been tortiously injured is entitled to be compensated for the harm and the injured party must establish by proof the extent of the harm and the amount of money representing adequate compensation with as much certainty as the nature of the tort and the circumstances permit. If you decide that Plaintiff was harmed and that Defendant’s cause of action for negligence, assault, conversion, etc. was a substantial factor in causing the harm, you also must decide how much money will reasonably compensate Plaintiff for the harm. This compensation is called “damages.” The amount of damages must include an award for each item of harm that was caused by Defendant’s wrongful conduct, even if the particular harm could not have been anticipated. Plaintiff does not have to prove the exact amount of damages that will provide reasonable compensation for the harm. However, you must not speculate or guess in awarding damages. Civil Code section 3333 provides: “For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.” Civil Code section 3281 provides: “Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.” Civil Code section 3283 provides: “Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.” Civil Code section 3359 provides: “Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to
Background image of page 3

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

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

Page1 / 56

Remedies outline - Remedies Fall 2006 Professor Steven...

This preview shows document pages 1 - 4. Sign up to view the full document.

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