Remedies

INTRO: We’re not interested in proving liability, we’re concerned with finding the need for a resolution The creation of a right is distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual professional judgment to choose as wisely as possible between all the alternative remedial solutions TYPES OF REMEDIES (usually classified according to what they are designed to accomplish) DAMAGES (looks to what P lost): Compensatory Damages: “to make someone whole” (compensate a harmed party for loss or injury--for harm already suffered) desire to substitute money for a harm -- to replace something with money (designed to make P as well off as he would have been had he never been wronged) Contracts cases: to protect P’s expectation value "GENERAL" vs. "SPECIAL" DAMAGES: GENERAL/DIRECT/COMPENSATORY DAMAGES: Generally are those that are the consequence of and proximate result of the conduct of the D as to any typical P general damages do not need to be specifically pleaded in order to be recovered [in order to recover general damages, P only needs to prove the amount of the loss] SPECIAL/CONSEQUENTIAL DAMAGES: those that are peculiar to a particular P [They may, but do not necessarily have to occur at all] to recover special damages both the fact of damages as well as the amount of the loss must be specially pleaded and specially proven SAMPLE PROBLEM (General vs. Special Damages): P is in a car accident negligently caused by D. P suffers a head injury