Philosophy 2080 Lecture Notes - Lecture 1: Implied Consent, Intentional Tort, Legal Personality
20 Nov 2017
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Damages: a monetary award, damages always refers to money: purpose: to put the plaintiff in the same position he or she would have been had the tort not occurred, restore to original condition, not improve the condition. General damages: monetary award for things not easily quantified, includes both non-pecuniary and pecuniary loss. Punitive: to punish, where defendant"s conduct is considered high-handed or outrageous, the purpose of a punitive damages award is to deter that person from committing that behavior (non- compensatory) Exemplary: to make an example, where conduct is outrageous, judgment is to show disapproval of defendant"s conduct, to deter the public (non- compensatory)- making an example out of someone for a crime committed. Case: andrews et. al. vs. grand and toy alberta ltd. et. al. Original trial: awarded per month for future care, accepted plaintiff"s evidence regarding damages- defendant was liable. Appeal: reduced award, rejected plaintiff entitlement to home case he saw this as the most expensive alternative.
