LAW 122 Lecture Notes - Lecture 20: Blackacre, Damages, Punitive Damages
15 Sep 2017
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Document Summary
The facts demonstrate three distinct problems, each of which should receive a specific response. Compensatory damages should be awarded with respect to the loss that. Alpha has suffered as a result of omega "s trespass to land. The purpose of compensatory damages in tort is to place the plaintiff in the position that it enjoyed before the tort was committed. In this case it will cost 000 to remove the waste from blackacre, and to thereby put blackacre and alpha back into their original conditions. Injunctive relief should be awarded in order to prevent omega from dumping waste onto blackacre in the future. The obligation that underlies the tort of trespass to land in this case already prohibits. As the evidence indicates, however, that obligation is not enough to deter omega. Nor, as the evidence further indicates, is the threat of monetary damages sufficient to deter omega. A court would therefore impose an injunction on omega.
