BLAW 300 Lecture Notes - Lecture 5: Tort Reform, Punitive Damages, Nicotine
Document Summary
A tort is a civil wrong that results in harm or injury to another. Tort law compensates those that have suffered a loss due to another"s wrongful conduct\ Ex: if you get in a car wreck, your primary concern is taking care of your injuries and car, which is a civil law (as opposed to breaking the law which is a criminal law) The purpose of a tort is to put you in the same position you were in before that person inflicted harm upon you. Burden of proof in criminal case= beyond reasonable doubt whereas a tort case= a preponderance of evidence. Compensatory damages- reimburses the plaintiff for actual losses. Ex: medical bills, days that you missed work, lost of capacity/ability, damage to car. General: compensate for non-monetary aspects of harm suffered, such as pain and suffering. Ex: pain and suffering and effects of losing spouse. Punitive damages- monetary damages used to punish the defendant.
