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Lecture

torts2.docx

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Winter

Description
Intentional torts 2 Lecture #2 February 6,2014 Tort law damages • Goal: to restore the plaintiff to the position he/she would have been had the tort not occurred • Types: ­ Compensatory: compensate the plaintiff for losses that have been suffered or will be suffered as a result of the tort o Plaintiff has burden of proving damages o Examples: medical expenses (past and future) o lost wages (past and future) o Property damage- real property or a thing, etc. cost of pair or replacing o Pain and suffering- hard to put a dollar amount on this, what kind of function is this money going to serve to the person? Who much will it take it to make the plaintiffs live better again ­ Aggravated- Asub-set of compensatory damages that compensate the plaintiff for humiliation and indignity suffered because of the way that the tort was committed o Examples: simple battery vs. battery committed in front of co-workers o False imprisonment vs. false imprisonment with degrading behavior and conditions ­ Punitive: Do not correspond to any losses suffered by the plaintiff o Awarded solely for the purposes of punishing the defendant for malicious, high-handed or socially offensive behavior o Awarded only when necessary to denounce the defendants behavior: when want to make it example for society not to do the same thing o Example: Whiten v. Pilot insurance: involved insurance company, fire insurance claim by plaintiffs, insurance company refused the claim and accuses the plaintiffs of burning their own house down, even though there was no evidence supporting that, denied the claim for many year. Ultimately, the insurance company had to pay breach of contract and on top, extra punitive damages o Rare ­ Nominal: awarded to vindicate rights where plaintiff has suffered no material loss. o Only available for some torts, such as battery and trespass. o Not available for negligence - Trifling: awarded where plaintiff has technically valid claim but has essentially waster the courts time- awarded as insult to the plaintiff o Someone walking across your land is technically trespass, but dumb to bring to court, a waste of time. Example of DamageAward for Personal Injury • Compensatory damages: $250,000 (expenses, lost wages, pain and suffering) • Aggravated damages: $20,000 • Punitive damages: $30,000- larger in the states due to more jury trials Defenses to Intentional torts • Consent: defendant s not liable if plaintiff consented to the alleged actions (battery, imprisonment. Etc. o Can be expressed or implied- such as putting arm out for a flu shot o Extends to risks normally inherent in that act- such as a fight, you know punching and kicking will be involved, but if a knife or gun is pulled out, that is exceeding the consent, it is outside of the normal risks associated with the act. o E.g.: Wright v. McLean: boys playing at construction sight having a dirt fight throwing mud at each other, plaintiff got hit, and said to stop and sued for battery. Defendants argued that he agreed to be part of the mud fight and play, it was done out of fun, not meant to be malicious. o Contact sports: includes contact that is “legal” in the sport
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