Deck 14: Negligence: Element Iv: Damages

Question 1

Required reductions of the plaintiff's damages award are called permissive offsets.

Answer 1

False

Question 2

A/an ________ is an amount of money to which the recipient was not originally entitled.

Answer 2

windfall

Question 3

Plaintiffs have a duty to mitigate the damages caused by the wrongful conduct of the defendant.

Answer 3

True

Question 4

Punitive damages are also called ________ damages.

Question 5

Collateral sources

A) are paid by the wrongdoer
B) are independent of the wrongdoer
C) are proximately caused by the wrongdoer
D) are always offset against what the wrongdoer must pay

Question 6

The objective of reducing awards to present value is to prevent the plaintiff from obtaining a windfall.

Question 7

A/an ________ is the giving up of a claim.

Question 9

An award of damages is an equitable remedy.

Question 10

Joint tortfeasors are jointly and severally liable for the injury their joint enterprise caused.

Question 12

What are the three main categories of damages?

A) compensatory, exemplary, and punitive
B) compensatory, economic, and punitive
C) actual, presumed, and assumed
D) compensatory, nominal, and punitive

Question 15

Under joint and several liability

A) the relative fault of the plaintiff and defendant is compared
B) the plaintiff must collect damages from the defendants proportionate to their fault
C) the defendants are each liable for the entire amount of the damages
D) the defendants are each liable for their proportionate share of the damages

Question 16

Conduct that is unreasonable but not gross or reckless is called ________ negligence.

Question 17

The plaintiff's health policy at work may have paid for the medical care for the injury caused by the defendant. Money from this policy is an example of a/an ________ source.

Question 19

The per diem argument is also called the ________ argument.

Question 20

An injury is ________ when it cannot practically be divided.

Question 21

When are nominal damages awarded?

Question 25

What is meant by present value, and why is it needed?

Question 26

List some of the emotional components of pain and suffering.

Question 30

What is the objective of compensatory damages?

Question 36

Define damages.

Question 37

What are hedonic damages, and why are some courts reluctant to grant them?

Question 41

What is the collateral source rule?

Question 42

In property torts, what is often the measure of damages for property that is not destroyed?

Question 43

Distinguish between contribution and indemnity.