In a broad manner of speaking these are the types of tort damages that exist:
General damages
These are awarded once the tort is proved to have happened. The amount depends on the traditions of/ rules governing the particular court. No proof of actual damages required, just proof of the tort itself.
Special damages
These are actual losses proximately caused by the tort such as medical bills, lost wages, car repairs, and in very special cases lost profits from a business.
Punitive damages
As the name suggests, these damages are awarded to punish particularly bad torts. It is one thing to strike a pedestrian with a car, it is another to do it while driving high for the fifth time that week. The defendant may suffer punitive damages for such egregious conduct in addition to all the other damages.
- by Prof Steven Value Bar Prep books on amazon and kindle
CaliforniaBarHelp . com
Someone who commits a Tort. A tort is a civil action brought when someon damages another person or their property. Accidents or medical malpractice claims are a type of tort.
Tort reform is aimed at civil lawsuits. Of these lawsuits, personal injury and medical malpractice are most affected by tort reform legislation. Issues addressed through tort reform include requiring the loser of a case to pay for the winner's legal fees, keeping supposedly frivolous suits out of court, and putting limits on certain types of compensation. But it is not cut and dry. There are pros and cons to almost every area of tort reform.
It depends on the type of misrepresentation: Innocent misrepresentation: rescission of contract and restitution if possible Negligent: rescission or possibly damages Fraudulent: damages and possibly action in tort law
It would be a civil suit, usually in tort, for damages.
Yes, spreading harmful and false information about someone can be considered defamation, which is a type of tort. If the gossip damages the person's reputation or causes them harm, they may have legal grounds to sue for defamation.
Damages are the amount of money awarded to the plaintiff in a lawsuit. Damages are generally determined by the judge using established guidelines based on type of offense and severity. In civil cases damages are based on the actual loss incurred because of the tort and may include penalties.
Assault is a type of "intentional tort."
Yes, slander is a type of tort. It is a civil wrong that involves making false spoken statements that damage a person's reputation, leading to harm or loss. The victim of slander can potentially seek compensation through a lawsuit for the damages caused.
Not every state recognizes common law, but generally it is anything that is reasonable in prudent. Common law can be found in criminal law and in civil law. In tort law (civil law) there are 2 types of damages that can be recovered. The first is called "real damage's" also called actual damages. They are the cost of the injury such as hospital bills, time lost from work, replacement of your car, etc. The second type of civl law damage that is available is punitive damages. Punitive damages are designed to punish the defendant. Punitive damages occur for medical malpractice, product liability, negligence just to name a few. In civil/tort law, only money and property can be the result of the court. Jail time is only awarded in criminal law cases, cases that breach the criminal code of the federal, state, or local government. I hope this answers your question.
- depending on how you look at the offense, not actually.
It can be. It can be part of a greater pattern of ongoing emotional abuse. At the least, you should be able to sue for damages such as lost earning potential and reimbursement for mental health care.
Use it as a noun. It can be a subject as in: A tort is a civil wrong. It can be a predicate nominative as in: Negligence is a tort. It can be an object of a preposition as in: Negligence is a type of tort. It can be a direct object as in: He committed a tort. It can be an indirect object: Giving torts a meaning is tough.