Damages in Tort Law

These flashcards cover key legal concepts related to damages in tort law, including various types of damages, court mechanisms, and related theories.

Contract Damages (Expectation Damages)

Damages aimed at putting the plaintiff in the position they would have been had the contract been performed.

Tort Damages

Damages aimed at restoring the plaintiff to the position before the injury occurred.

Special Damages

Economic losses capable of precise calculation, including past medical costs and future earning capacity.

General Damages

Non-economic losses that are subjective and cannot be precisely calculated, such as pain and suffering.

Remittitur

A mechanism allowing a judge to reduce excessive jury awards by offering plaintiffs the choice to accept a lower amount or face a new trial.

Visual Evidence

Evidence presented to help jurors visualize the extent of injuries and impact on the plaintiff's life.

Present Value

The current worth of a future sum of money given a specified rate of return.

Hedonic Damages

Compensation for the loss of enjoyment of life due to injuries.

Loss of Consortium

Damages awarded to a spouse for the loss of relationship benefits.

Collateral Source Rule

Rule that prevents defendants from introducing evidence of payments made by outside sources to the injured party.

Punitive Damages

Damages intended to punish the defendant and deter future conduct, rather than to compensate the plaintiff.

Motion in Limine

A pre-trial motion concerning the admissibility of evidence.

Per Diem Argument

A method of calculating damages by assessing daily losses over the plaintiff's life expectancy.

Make Whole Fallacy

The idea that legal fees often prevent plaintiffs from being fully compensated, as damages are frequently utilized to cover these costs.

Expert Testimony

Testimony provided by individuals qualified to offer an opinion on a matter, often used to support economic calculations in damages.

Judicial Control of Juries

Courts' ability to intervene and regulate jury awards to prevent excessive damages driven by emotion.