Law 2101 Lecture Notes - Damages, Punitive Damages, False Imprisonment
13 Mar 2014
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Tort law damages: goal: to restore the plaintiff to the position he/she would have been had the tort not occurred, types: Who much will it take it to make the plaintiffs live better again. Ultimately, the insurance company had to pay breach of contract and on top, extra punitive damages: rare. Nominal: awarded to vindicate rights where plaintiff has suffered no material loss: only available for some torts, such as battery and trespass, not available for negligence. Example of damage award for personal injury: compensatory damages: ,000 (expenses, lost wages, pain and suffering, aggravated damages: ,000, punitive damages: ,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. : 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.
