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Torts II, Actual (compensatory) Damages, Other Types of Damages,…
Torts II
Actual (compensatory) Damages
no market price
General (noneconomic) Damages
Hedonic
Wrongful Death
Loss of consortium
Per Diem
States can cap (Tx does)
Special (economic) Damages
Have a market price
awards must be increase for inflation and reduced for present value
Limited by:
Failure to mitigate
Collateral Source
Statutory
Other Types of Damages
Nominal
always allowed for intentional torts
Punitive
permitted when:
malicious conduct
gross negligence
Vice principle
Apportionment Methods
Joint/Several Liability
Several Liability
Strict Liability
Unusually Dangerous Activities
Abnormal
Dangerous
Wild & Trespassing Animals
Restatement 518
Wild animals
Trespassing animals
Scienter
Federal Torts Claim Act
partial waiver to sovereign immunity
except when:
Discretionary Function Exception (2 pt test)
Was there discretion to make that decision?
yes
involve public policy making?
yes
DFE applies --> gov cant be sued
no
decision made by statute/regulation/policy
DFE does not apply
Products Liability
Defects
Marketing
Design
Consumer Expectation Test
Risk Utility Test