BLAW 2013 Lecture Notes - Lecture 9: Punitive Damages, False Imprisonment, Digit Ratio
28 Nov 2017
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Document Summary
A breach of a duty created by law. Economic= easily valued (medical bills, property damages) Non-economic= not easily valued (pain and suffering) Protect liability lawsuits shifted to federal courts. Limit on noneconomic damages by state legislatures. Limits on punitive damages by state legislatures. (such limits declared. State farm v campbell unconstitutional by some state supreme courts, including arkansas) Punitives can not exceed a single digit ratio between punitive and compensatory. Punitive can be no more than 9 times the compensatory. Not liable for detaining a shoplifting suspect if the detention was reasonable. Plaintiff to a third party of a false statement of fact who has been hurt. Showing of actual malice if the plaintiff is a public figure. To exercise reasonable care to protect individuals coming onto property. Duty is to warn invitees of foreseeable risks. Only duty is to avoid deliberate harm. Everyone is held to the same standard.
