SMG LA 245 Lecture Notes - Lecture 3: O. J. Simpson, Punitive Damages, Strict Liability
Document Summary
Purpose of the remedy: restore the plaintiff to the position she was in before the tort occurred. Typical remedy is money damages, a/k/a/ damages. Actual compensatory damages = make the plaintiff whole . Punitive/exemplary damages - punish defendant and deter others from simi- lar conduct. Equitable relief - a less common remedy used when 11356 cannot adequately compensate plaintiff for his harm. E. g. , injunction to prevent defendant from trespassing on plaintiff"s prop- erty. Criminal case: highest burden of proof = beyond a reasonable doubt. Damages for plaintiff"s personal physical injuries or physical sickness are excluded from plaintiff"s income. i. e. they are not taxable. Damages for plaintiff"s non-physical injuries (e. g. property, lost waves, lost profits) are generally included in plaintiff"s income. Punitive damages are generally included in plaintiff"s income. Actual intent, recklessness, negligence, strict liability (without fault) Battery- un-consented touching; amount of injury determines amount of damages.
