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Remedies - Coggle Diagram
Remedies
Damages
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For Torts
Measures of Damages
Property
Damaged
Where property has been damaged, the measure of damages is the difference in value before and after the injury
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Same Lost Value and Cost to Repair: lost value to something may be the cost of repair, if repairs are cheap and homogenously performed, and are known to be
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Burgess v. Shampooch Pet Industries (dog was injured, got cost of medical bills for her because there is no market value for dogs)
Destroyed
No or Low Market Value: alternative measures, emotional distress, value to owner
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Ocean Electric Co. v. Hughes Laboratory - Stores inventory was damaged and he claimed that compensation should be assessed by the retail cost of that inventory. But the inventory could have been replenished at the wholesale cost which was much less
Collateral Source Rule: benefits received by a plaintiff from a source wholly independent of and collateral to the wrongdoer do not diminish the damages the plaintiff can otherwise recover. Under the collateral source rule, evidence of a plaintiff's alternative or additional sources of payment for expenses or losses for which the plaintiff seeks damages in a civil action, such as insurance coverage, generally is excluded as irrelevant (Liberty Mutual Fire Insurance v. Michael Baker)
People
Pain and Suffering
Measure: Ask the Jury
Remittitur (when the award is too much): Judge threatens a new trial if the plaintiff does not accept the lower recovery
Standard for Amount of Remittitur: What a reasonable jury, properly instructed, would have awarded
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Cases
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Fertile v. St. Michael’s Medical Center (baby delivered vaginally instead of c-section, baby has arm damage)
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Manifests denial of justice, takes your breath away
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You cannot consider a plaintiff's race or ethnicity in determining damages (GMM v. Kimpson - lead paint victims were disproportionally hispanic children)
Relationships
Loss of Consortium
Child and Parent (Reagan v. Vaughn):
Factors to Consider: severity of the injury, actual effect upon the relationship, child’s age, nature of the relationship, child’s physical and emotional characteristics, etc.
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Punitive Damages
When? Malice, usually by intentional torts, "conscious disregard for the safety of others" (Taylor)
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