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Explanation and notes of Law of Torts, Cheat Sheet of Law of Torts

The topics deal with important portion of the law of torts like strict and absolute liability, damages like compensatory damages and many more.

Typology: Cheat Sheet

2017/2018

Uploaded on 04/01/2022

timisha-chauhan
timisha-chauhan 🇮🇳

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What Are Compensatory Damages?
Compensatory damages are money awarded to a plaintiff to
compensate for damages, injury, or any sustained loss.
Compensatory damages are awarded in civil court cases where loss
has occurred as a result of the negligence or wrongful actions of
another person.
To claim compensatory damages, the plaintiff needs to show that a
loss occurred and that it was due to the defendant. The plaintiff must
therefore be able to quantify the amount of damage in the eyes of
the jury or judge.
Understanding Compensatory Damages
Compensatory damages vary from punitive harm which can
compensate for any loss or damage suffered and which is intended
to incentivise a continuation of the loss or damages caused by the
plaintiff.
Cases relating to compensatory and punitive harm are a significant
point of discussion in the realm of health insurance, since tort reform
advocates contend that the total costs of health care have been
inflated by undue damage beyond real losses.
The object of compensatory damages is to compensate the plaintiff
in a suit for the injuries incurred by the defendant by sufficient
money.
Compensatory damage can be divided into two different types:
existing and general.
Actual damages are intended to provide the monetary amount
necessary to replace what was lost and nothing more.
Examples of Actual Compensatory Damages
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What Are Compensatory Damages?

Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or any sustained loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or wrongful actions of another person. To claim compensatory damages, the plaintiff needs to show that a loss occurred and that it was due to the defendant. The plaintiff must therefore be able to quantify the amount of damage in the eyes of the jury or judge.

Understanding Compensatory Damages

Compensatory damages vary from punitive harm which can compensate for any loss or damage suffered and which is intended to incentivise a continuation of the loss or damages caused by the plaintiff. Cases relating to compensatory and punitive harm are a significant point of discussion in the realm of health insurance, since tort reform advocates contend that the total costs of health care have been inflated by undue damage beyond real losses. The object of compensatory damages is to compensate the plaintiff in a suit for the injuries incurred by the defendant by sufficient money. Compensatory damage can be divided into two different types: existing and general. Actual damages are intended to provide the monetary amount necessary to replace what was lost and nothing more. Examples of Actual Compensatory Damages

 Medical and hospital bills  Medical treatments  Rehabilitation expenses  Physical therapy  Ambulance expenses  Medicine and Prescription drugs  Nursing home care  Domestic services  Medical equipment  Lost wages or lost employment income  Increased living expenses  Property replacement or repair  Transportation To be awarded actual compensatory damages, the plaintiff must prove that losses suffered equate to a defined monetary value. Examples of General Compensatory Damages General compensatory damages, meanwhile, include estimates of loss not involving actual monetary expenditure. Some courts use the "multiplier method," which calculates general damages by multiplying the sum total of one's actual damages by a number that signifies the seriousness of the injury. These general compensatory damages include:  Mental anguish  Disfigurement  Future medical expenses  Future lost wages  Long-term physical pain and suffering  Loss of consortium  Inconvenience