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Special Damages - ANSWERS-Out-of-pocket expenses due to injury.
Exemplary Damages - ANSWERS-Punitive damages to punish or make example of
wrongdoers.
Nominal Damages - ANSWERS-Symbolic damages to establish claim validity when no
substantial loss. ex. pay $1
Common Law - ANSWERS-Rule of Precedence: Uses past decisions for new
judgments. Based on previous decisions for consistency.
Degrees of Negligence - ANSWERS-Includes negligence, gross negligence, criminal
negligence.
Tort Law - ANSWERS-Injury other than breach of contract where courts will award
damages.
Civil Law - ANSWERS-Addresses private wrongs using private rights & remedies
,Criminal Law - ANSWERS-Addresses wrongs against society with punitive sanctions.
Statute Law - ANSWERS-Created by legislation, supersedes common law.
Intentional Torts - ANSWERS-Deliberate actions causing harm, e.g., assault.
Unintentional Torts - ANSWERS-wrongs resulting from Negligence or carelessness
causing harm, e.g., defamation, nuisance, trespass.
3 Types of Tort Damages - ANSWERS-1. Compensatory
2. Exemplary/Punitive
3. Nominal
Compensatory Damages - ANSWERS-damages awarded to compensate for bodily
injury (general/special damages) or property injury.
General Damages - ANSWERS-What court deems necessary to fairly compensate the
wronged party
-Pecuniary (economic)
-Non-Pecuniary (pain & suffering, disfigurement)
Settlement Speculation - ANSWERS-Settlements based on expected trial outcomes.
Remedies for Breach of Contract - ANSWERS-EPAR
-Enforce performance
-Prohibit/ensure performance (injunction: do/not do something)
-Award Damages
-Rescission of Contract
,General Limitation Statute - ANSWERS-Time limit for legal action on contracts.
Liability in Statute Law - ANSWERS-Owner liable for statutory breaches. (more likely
punitive damages)
Liability in Common Law - ANSWERS-Based on duty of care and negligence.
Doctrine of Negligence: Duty to exercise due care to avoid harm.
Strict Liability - ANSWERS-When doing inherently dangerous activity, legally liable for
damages regardless of negligence.
.
Licensees - ANSWERS-Visitors allowed without economic benefit.
Trespassers - ANSWERS-Unauthorized individuals on premises.
Negligence - ANSWERS-Failure to exercise reasonable care causing harm.
Nuisance - ANSWERS-Interference with enjoyment of property or health.
Plaintiff must show:
1. physical injury/substantial interference of use/enjoyment
2. unreasonable (3am vs 3pm)
Trespass - ANSWERS-Unlawful interference with property or rights.
Occupier's Liability Act - ANSWERS-Duty of care for the condition of premises and
operations conducted thereon
Visitors: owed common duty - ensure visitor reasonably safe for purpose of visit
, -duty not owed if visitor accepts risk (roofer roofing)
Trespasser: no traps/ intentional harm
Occupiers Liability limited if: - ANSWERS-1. Independent Contractors - working on
premises
2. Conditions of Rented Premises (landlord responsible)
Hirer Liability with Contractors - ANSWERS-Not Liable:
1. Reasonable care in contractor selection
2. Work should have been done
Share liability if:
-work inherently dangerous
-damage cause by defective materials supplied
-control how work being done
Dangerous Activities - ANSWERS-Includes explosives, fires, and aircraft operations.
Premises Liability - ANSWERS-Occupiers owe common duty to visitors.
Occupier - ANSWERS-Person controlling premises, responsible for safety.
In Common Law - 3 types of Visitors - ANSWERS-Includes invitees, licensees, and
trespassers.
Invitees - ANSWERS-Visitors providing economic benefit to occupierSingle Occupancy
Building - Landlord liability - ANSWERS-Landlord not liable unless:
-fail to notify of danger @ time of lease.
-agree to repair and doesn't