Rationale: Compensates for actual expenses of litigation; provides incentive to litigate cases of outrage and oppression that might escape notice of prosecutors Concerns: Undue deserts for P; should be paid to the state; Amount is fixed by the caprice of the jury; Imposed without safeguards of criminal procedure Nominal Damages Apply in some cases where P has not suffered compensable harm through a D’s intentional wrongdoing Goal: to recognize D’s wrongdoing NOT to compensate Small amount of money Rare Usually only applies to some intentional torts (offensive contact batteries)
Rationale: Compensates for actual expenses of litigation; provides incentive to litigate cases of outrage and oppression that might escape notice of prosecutors Concerns: Undue deserts for P; should be paid to the state; Amount is fixed by the caprice of the jury; Imposed without safeguards of criminal procedure Nominal Damages Apply in some cases where P has not suffered compensable harm through a D’s intentional wrongdoing Goal: to recognize D’s wrongdoing NOT to compensate Small amount of money Rare Usually only applies to some intentional torts (offensive contact batteries)
Torts%20Outline%20--%20Suter.docx