BUS 221 Chapter Notes - Chapter 6: Punitive Damages, Intentional Tort, Comparative Negligence

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Provide remedies for the violation of various protected interests. Society recognizes an interest in personal physical safety. Remedy for physical injuries or physical security. Purpose is to make the party that has been wronged whole again". Damage refers to harm of injury to persons or property, while damages refers to monetary compensation for such harm or injury. To compensate the plainti for actual losses. Non monetary losses such as physical or emotional pain and su ering. To punish the wrongdoer and deter others from similar wrongdoing. Appropriate only when the defendant"s conduct was particularly egregious or reprehensible. Punitive damages are usually only available for intentional tort actions and rarely in negligence. Gross negligence can be de ned as an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.

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