Economics 3366A/B Study Guide - Quiz Guide: For Dummies, Damages, Personal Injury
8 Oct 2020
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Seeking relief or remedy: compensation for what the plaintiff has lost, tort remedies usually consist of compensatory damages. Elements of a negligent tort claim: duty, breach of duty, causation: but for, causation: proximate, damages. The burden of proof here is the balance of probabilities! (is more likely than not ) No significant amounts for emotional distress as the person is fucking dead. Again for dummies: the deceased receives no award for general damages. Close relatives may receive a nominal amount. Then, there are also non-compesatory damages like: punitive/exemplary damages, nominal damages, contempuous. And injunctions (equitable remedy in case of nuisance, defamation or trespass) And breach of privacy, which is actionable without the proof of damages. Property loss: replacement in the current market value, compensation for a rented property: reparation and replacement, general rule (restatement 911) Economic loss (future) loss of income or profit: burdens like medical treatment, reduction in the value of property.
