Explore the legal terms and concepts related to Tort - Legal Remedies. Click on any term below to learn more about its definition and applications.
What are punitive damages for legal remedies in tort, how can a plaintiff get them, and what are their limitations?
Punitive damages are awarded in order to punish the defendant, but in order to get punitive damages,...
What are nominal damages for legal remedies in tort and what suits are they applicable to?
Nominal damages are awarded where the plaintiff suffers no actual injury, and serve to establish or...
In assessing compensatory damages for legal remedies in tort, how must the judgment be paid?
The judgment in a tort suit must be a single lump sum payment that will be discounted to present val...
In assessing compensatory damages for legal remedies in tort, what are general damages?
General damages are non-economic losses, such as pain and suffering and permanent disfigurement, the...
In assessing compensatory damages for legal remedies in tort, what are special damages?
Special damages are economic damages such as medical expenses and lost earnings, the basic certainty...
In assessing compensatory damages for legal remedies in tort, how important is certainty and how is it assessed?
The damages cannot be too speculative. Past losses must be established with greater certainty than f...
In assessing compensatory damages for legal remedies in tort, what is foreseeability?
The defendant's wrong must have proximately caused the plaintiff's damages. In other words, plaintif...
In assessing legal remedies in tort, what are compensatory damages?
Compensatory damages are based on the amount of damage suffered by the plaintiff, and are intended t...
What are legal remedies in tort?
Legal remedies in tort consist of various forms of damages.
In assessing compensatory damages, what is causation?
The defendant's wrong must have been the "but for" cause of the plaintiff's damages.
In assessing compensatory damages for legal remedies in tort, what is unavoidability?
The damages must be unavoidable, such that the plaintiff must take reasonable steps to mitigate dama...
