Interest - are includedc.
The collateral source rule - damages are not reduced for payment by third parties(insurance companies)d.
Overcompensation, undercompensation and tort reform
aps have been put on
pain and suffering
aps may be problematic, undercutting actual damages
annot be awarded without compensatory damages
Are punishment for bad faith, intentional, reckless acts
Private fines for moral outrage b.
State limitations on punitive damages
In some states they go to State Treasury
Some states have caps
Some states look at defendants income
onstitutional questions on caps
ederal constitutional limits on punitive damages
Substantive and procedural requirements are contained in the Due Process
Damages cannot be grossly excessiveReprehensibility of the defendant's conductThe ratio between the punitive damage award and the severity of harminflicted or threatenedThe ratio between the punitive award and legislative sanctions for similar misconduct
Specific relief: injunctions
general rule (541)
the exceptions interlocutory decisions (541)
To perform or not perform a specific act
The terms where an injunction takes place is on the discretion of the court2.
Tried to a judge rather than a jury2.
Restitutionary remedies: constructive trusts, and rescission or cancellation
Protects against unjust enrichment due to contractual obligations regarding property3.
Other equitable remediesa.
Reorganization of financial affairs - untangle financial affairs of businesses b.
Suits to determine title to land4.
Declaratory relief: the court declares the legal rights of a party and no other relief 5.
Provisional remedies: attachment.
A judicial order obtained in the early stages to stabilize the situation pending thefinal disposition of the case or to provide security to the plaintiff 6.
Provisional remedies: temporary restraining orders and preliminary injunctions
Only if immediate relief is necessary and the defendants presence cannot besecured in time for a hearing