LAW 604C Lecture Notes - Lecture 31: British Rail Class 31, Punitive Damages, Accorhotels
Document Summary
In determining what damages will be awarded, lawyers generally must consider factors that have little to do with legal rules in addition to the underlying legal issues. How a jury will react to certain evidence and the legal rules are some of the most important factors for a lawyer to consider. 3 forms of remedies available in tort: damages, injunction, restitution. When a plaintiff has a personal injury or property damage claim under 1983, courts apply the damages rules used in personal injury and property damages cases. To recover anything more than nominal damages, , plaintiffs must prove actual damages. Conversion action where damages are determined by the market value of the chattel. For real property, recovering rental value, recovering the diminished value of the property, and injunctive relief are possible modes of recovering. For automobiles, cost of repairs when such repairs will not add value to the vehicle.