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8.2
U3AOS2 - Damages
| Question | Answer |
|---|---|
| What is a remedy in civil law? | An order made by a court designed to address a civil wrong or breach. |
| What are the two remedies to focus on? | Damages and injunctions. |
| What are damages? | An amount of money awarded by the courts to compensate the plaintiff for a loss. |
| What are the types of damages? | Compensatory, exemplary, nominal, and contemptuous damages. |
| What are compensatory damages? | Monetary damages that aim to restore the plaintiff to their original position if the breach had not been committed. |
| What are the three types of compensatory damages? | Specific, general, and aggravated compensatory damages. |
| What are specific damages? | A precise value that is easily quantifiable, such as medical costs. |
| What are general damages? | Damages without a precise value that are not easily quantifiable, like emotional harm or loss of a limb. |
| What are aggravated damages? | Compensation awarded for humiliation or insult suffered due to the defendant’s poor behavior. |
| What are exemplary damages? | Damages designed to punish the defendant, often awarded when the breach involves cruelty, revenge, or disregard for plaintiff's rights. |
| What are nominal damages? | A small amount of money awarded mainly to affirm the plaintiff's rights and condemn the defendant's breach, not for actual compensation. |
| What are contemptuous damages? | Minimal damages awarded acknowledging the plaintiff had a legal but not moral right to sue, often for an unnecessary claim. |
| What are the purposes of damages? | 1. To return the plaintiff to their original position (compensatory). 2. To deter others from committing civil breaches (exemplary). 3. To uphold the plaintiff’s rights. |
| What is a strength of compensatory damages? | They compensate the plaintiff for actual losses like medical bills, lost income, or property damage, aiming to make the plaintiff 'whole again.' |
| What do general and aggravated damages compensate for? | Non-quantifiable losses such as pain, reduced life expectancy, or humiliation. |
| What is a limitation of damages regarding significant harm? | Damages cannot fully restore the plaintiff’s rights in cases of severe harm, such as wrongful death. |
| Why might jurors be limited in awarding damages? | Jurors may lack the legal expertise to award damages that fully uphold the plaintiff's rights. |
Created by:
nandistudies
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