Torts Outline
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Damages- the sum of money that the law imposes for breach of some duty or a violation of some right. How much money the P or counter P can recover from him, her, or it (property). First you need to show breach of some duty or violation of some right
A.    Types
a.      Nominal Damages-awarded to vindicate a P’s rights (ex $1)
                                                                          i.     P if successful can seek attorney fees
                                                                        ii.     Many times this sets the precedent for the future-now know that they don’t that again-once broken again can sue for punitive damages
                                                                       iii.     Often times racial discrimination, sexual discrimination
b.     Compensatory Damages-Represents the attempt to put P in the closest possible financial equivalent of the loss or harm suffered by P to restore the P to where he or she was before the incident occurred
                                                                          i.     Ask D to pay damages to put P in closest position he/she was before the damage had been done
c.      Punitive Damages-made to deter or punish the D from doing the conduct again
B.    Compensatory
a.      Economic Damages-
                                                                          i.     Wage loss-past, present, (easier to prove)
1.     How to prove-pay stubs, tax returns, accountants
2.     must be reasonable and necessary, and must prove by a preponderance of the evidence 51% or more
3.     You would get the income tax returns from the Plaintiff. If you are self employed, normally you bring in an accountant to bring in
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                                                                        ii.     Medical Costs-past present
1.     Medical bills, doctors records, receipts from the pharmacy
2.     Must be reasonable and necessary 51% or more
3.     Medical expenses not agreed upon-excessive, experimental, unusual
4.     have a clarity judgment before trial-on medical experimental treatments
                                                                       iii.     Future expenses
1.     Wage loss, medical expenses and replacement services(mow the lawn, pick up the kids from school etc)
a.      How to prove
                                                                                                                                                  i.     EXPERT witnesses
                                                                                                                                                ii.     Life expectancy tables
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istic damages-damages to the loss of ability to enjoy life
1.     Theory stems out of the idea that D gets off better if P dies
2.     Too speculative, very few courts agree with this idea
                                                                      iv.     Permanent disabilities
1.     Permanent disfigurement-scars on face etc. more effective if a model rather than Bill Siders fatfuck
2.     Loss of consortium-spouse can have a claim for loss or relationship and she doesn’t have to prove anything so long as the real P wins the case and establishes neg.
a.      COMPENSATORY ARENT TAXABLE AND ARE PROVED BY PREP OF EVID
c.      Cases on Limitations of Damage Recovery
                                                                          i.     Anderson v Sears-Maximum Recovery Rule
1.     Jury doesn’t have to come up with a figure item by item by item
2.     The damages in which one gets must be reasonable
3.     If not reasonable a D can file a motion for remitter to lessen the award
4.     Based on what a Reasonable juror would have found
Richardson v Chapman-shocking the judicial conscious
