Chapter 4 Notes - 1

Chapter 4 Notes - 1 - Ch. 4 Tort a civil wrong not arising...

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Ch. 4 Tort – a civil wrong not arising from a breach of contract’ a breach of a legal duty that proximately causes harm or injury to another Business tort – wrongful interference with another’s business rights Cyber tort – a tort committed in cyberspace Tort Law – designed to compensate those who have suffered a loss or injury due to another person’s wrongful act Wrongs and compensation Damages – money sought as a remedy for a breach of contract or a tortious action Compensatory damages – a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party o Special damages – compensation for medical expenses, lost wages, extra costs, loss of items, cost of repairing property o General damages – compensation to individuals for the nonmonetary aspects, such as pain and suffering Punitive damages – monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future o Usually awarded for intentional rather than negligence lawsuits. Can be awarded for gross negligence , an intentional failure to perform a duty o Punitive damages are subject to the limitations imposed by the due process clause Tort Reform: Critics of the current system claim that awards are excessive and encourage frivolous suits that clog the courts Wish to reduce the number of tort cases brought each year and the amount of damages awarded o Limit amount of damages o Cap amount of contingency fees (fees are based on a percentage of damages) o Require losing party to pay both expenses (prevent meritless suits) Class Action Fairness Act (CAFA) in 2005: Shifted jurisdiction over large interstate tort and product liability class-action lawsuits from the state courts to the federal courts o Prevented forum shopping , looking for a state court known to be sympathetic to the client’s cause More than 20 states have placed caps ranging from 250,000 to 750,000 on general damages Classification of Torts: Generally intentional and unintentional
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This note was uploaded on 04/09/2012 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.

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Chapter 4 Notes - 1 - Ch. 4 Tort a civil wrong not arising...

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