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| Purpose of punitive damages: |
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| To set an example of the guilty party. |
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| If lawyer get punitive damages, they will also try to get... |
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| Compensatories (such as pain and suffering). |
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Plaintiff has been wronged, da,age is minimal. Can get punitive damages.
$1 award, court decides who is guilty. |
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| Liquidated damages- parties agree to damage amount ( $250/day, $500/day, etc.) in case there is a breach of contract (often found in construction). |
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| Officers or board members have fiduciary duties. Duties you owe to the company you serve. |
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Care (reasonable)
Obey (carry out duties)
Accountability (you have towards company)
Loyalty (towards company) |
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| Provides protection to officers. |
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modify/change an agreement, throw it out, tighten it down to less time, closer distance.
Example: Meagan wants to start a pizza chain. For the first 5 years she can only have it in one county. Then surrounding counties for another 5 years, then entire state. |
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| Shareholders can sue, t/f. |
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| True. Shareholders appoint the board, which appoints the office. |
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| Any product that causes harm to your body (only if product was purchased from a retailer). |
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| Punitive damages: Insurable in MT? |
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| Yes, if it is written into the contract. |
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| Punitive damages: plaintiff will more likely go after... |
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| DEEPER POCKETS! (i.e. insured companies rather than noninsured. but it is not worth it to go without insurance. |
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| Punitive damages example: $1 million insurance limit, fire starts, kills 6 people. what will insurance do? |
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| Write the check immediately because 6 deaths will likely run up the limits. Do this to avoid lawyers fees. |
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| To take responsibility for someone else's negligence. |
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| Low-end claims on punitive damages: |
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| Malice: reckless indifference |
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| Higher-end claims on punitive damages: |
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| involve intentional, or reckless intent. |
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| Tort-negligence: defendant owes who what, defendant breached what, what connection exists? |
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| defendant owes duty of care to plaintiff, defendant breached duty, a causal connection exists between the plaintiff’s injury and the defendant’s breach of duty. |
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| Actual causation: what? how many? |
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Courts use a “But for” or “substantial factor” test. “But for” test: “but for the pet owner’s failure to clean up the mess, the plaintiff would not have fallen.”
Plaintiff must show 2 elements of causation. |
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| When the plaintiff contributes to the injury. This is a form of defense for the defendant. |
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| Replaced contributory negligence. Jury determines what percentage each party should be held accountable. Plaintiff: 30%, defendant: 70%, plaintiff will take 70% rewards. |
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| Defense: the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith |
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| Defense: a plaintiff purposefully hurts themselves using a product (only when you’re using negligence in a products liability case). |
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| Voluntarily entering into a risk. Knowing the risk was present. Example: lawnmower is broken, back flap broke off, rocks fly through. |
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| To prove negligence, what must be proved? |
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| there is a breach in duty of care. Must prove causation (but for)(actual cause), must prove legal cause (approx. cause), must prove damages. |
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| $10 million or 3% of person's net-worth. |
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| Punitive damages award may not exceed: |
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| 9 times the compensatories award. 9:1 ratio. |
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Focuses more on the proof that a product is harmful, less that there was negligence while making it. Takes the focus from the manufacturer to the actual product.
Liability without regarding fault. |
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| Example: Plaintiff gets hurt, within reasonably foreseeable zone of danger.. |
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Definition
| You have proximal cause then prove damages then you win for pay and suffering. Unless defense can prove otherwise. |
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| Torts: what kind of law? But modified by what? |
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| Common law, statutes. (is when strict liability can be used) |
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| If the plaintiff is not the one being sued! |
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Knowledge of fact or intentionally disregard fact creates a high probability (didn’t warn anyone or pull off shelf).
Reckless disregard of safety and exposing public to high probability of injury.
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| Not physical, someone losing part of a bargain (not sufficient for product liability). |
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Substantial certainty, purpose, or knowledge.
Willful offenses, defendant must intend to do to certain act that results in harm to the plaintiff.
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| The threat of bodily harm that reasonably causes fear of harm in the victim. |
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| the actual physical impact on another person. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery. |
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| Consent is a defense, t/f |
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Definition
| True, if two people fight and later say it was ok, case will likely be dismissed. |
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Let the superior be held accountable (vicariously) b/c even though didn’t do the accident themselves they can be held liable for problem (vicarious accountability: living through own life. EX: parent live through kids)
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| Employer can sue employees for breach of fiduciary duties? |
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What kind of force can you use to protect your property?
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| Not deadly force! Can only use force to recover property only that minimal amount of force that is needed but has to be immediate pursuit. NEVER USE DEADLY FORCE. IF immediate defense of life then can do that to protect you and others around you. |
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Intentional making of a (material or not material) statement that is false & other party suffers damages.
If you know of a defect in something you’re selling and you sell it and it’s a hidden defect then you have committed fraud.
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Responsible for the plaintiff when you find them. Legally responsible. (I intentionally did _______ and I’m reliable for ____ ) if you intentionally/negligence and cause more damage than you thought then your responsible.
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| Make an injured party whole |
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| What items can be recovored in compensatories? |
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Definition
pain & suffering, medical bills, lost wages, lost future earnings
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| What items can be recovored in punitive damages? |
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damages determined by jury.
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| Difference between your assets and liabilities. |
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Not obvious defect
More likely to win the case because plaintiff did not know and their statement is more likely true. |
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| Intentional act that poses harm to another person or another person’s property. |
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Which states follow the old comparative contributory negligence rule?
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| Intentional tort: t/f, a defendant must intend to inflict harm.. |
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| Defenses/damages to battery: |
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| Self-defense, consent; compensatories. To make the plaintiff whole. |
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| In tort cases, do damages include fees, loss of time etc? |
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False communication that hold others up to ridicule.
Libel: written
SLander: spoken |
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Truth (but not if the defendant just thinks it is true).
Privilage (if the damage done is outweighed by the benefits of debate) |
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Term
| Can punitive damages be awarded alone? |
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Definition
| No, they must go alongside nominal or compensatory. |
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| Private torts/types/defenses/damages |
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Person that has had private life exposed.
Appropriation: using a name for commercial gain.
Invasion: invasion of solitude (eavesdropping).
Public disclosure: making private facts public.
Defenses: waived rights.
Damages: compensatory, economic, pain and suffering. |
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| Proximate cause/foreseeability: |
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Proximate cause exists if the type of injury is foreseeable.
A party might be the cause, but won't be liable because it was not foreseeable that actions would result in an accident. |
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