Compensatory Damages
Why should our legal system make tortfeasors pay compensatory damages?
Clip from Fight Club
Damages
The consequences of liability.
Compensatory Damages
The Objective: To restore the plaintiff to the state they were in before the harm caused by the defendant.
Single judgment rule
Seffert v. Los Angeles Transit Lines
- Procedural posture
- Legal question(s)
- Relevant facts
- Holding
- Reasoning(s) behind the holding
Majority Reasoning
- Explicit argument: Deference
- Implicit argument: Fact section
Dissent Reasoning
- Problem: Pain and suffering awards are arbitrary
- Solution: Compare with similar cases
Jury Exercise
You are a member of a jury, determining damages in the case of the falling donut sign.
Go to in-class scratchpad on course website.