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REMEDIES - 1 REMEDIES Personal Property and Real Property...

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REMEDIES Personal Property and Real Property Damages Damages represent the monetary side of remedies the legal side as opposed to equitable side. Compensatory damage – is the umbrella for everything other than punitive damages, so special damages are a form of compensatory damages. General damages are a form of compensatory damages. Compensatory – goal is to put the P back in position of where P was before the tort took place, its restorative. Goal to put P back where they were before problem came. Punitive damages – go beyond the compensation they are deterrent to bad conduct in certain circumstances and not avoidable in many claims for relief: K(except insurance K) and negligence cases. Not available except in intentional torts therefore in punitive damages we look at nature of state of mind of tortfeasor . Punitive damages are monetary side. What happens to person who caused the injury depends on their state of mind. Monetary damage sense all else is under compensatory umbrella. Some terms fall under it exist in med malpractice or some are K specific, etc… When we talk about damages there really 2 aspects: 1. What kind of damage available given wrongful conduct? 2. Once establish damage available how do u measure them? If we determine someone should be compensated how do we determine the $ amount. Gets even more complicated later on, by limits and adjustments on damages. Multilayer thing. B. Harm to REAL PRPOPERTY Miller v. Cudahy Co. Page 468 Whether the statute of limitations makes this time bar Whether the injuries sustained are permanent or temporary in nature Fact: due to insufficient rainfall farmers Rice country are unable to grow corn w/o irrigating their land. appellees alleged that b/c of the salt pollution of the aquifer, they are unable to irrigate & therefore can grow only dryland crops such as wheat and milo, which don’t produce the revenues generated by corn crops. Court concluded that appellee showing was insufficient to categorize the Am Salt operation as a continuing abatable nuisance causing temporary damages and giving rise to a continuing series of causes of action. If its perm damage it would be difference of fair market value as result of damage & temp damage include cost of repair land and loss of property. Repair cost is irrelevant when u can’t fix it its perm damage. If repair is minor the cost to repair is fine to put it back in shape. Let’s say rundown shack burn down, some point u say it cost more to fix it than it is to compensate the owner of the decline in value as result of fire. Court say its temp for long time and brown water, takes time to clean up. U get compensated for time of loss of use of land. Calculation of Permanent Damage: If perm damage you pay difference in market value. You look at change in market value what it was worth right before damage occur and subtract from it what property is worth in its damaged condition that diff is the compensatory damages for permanent value.
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