Apportionment and limits on recovery Bar Exam Flashcards - Medical Study Cards
Master Apportionment and limits on recovery with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Apportionment and limits on recovery Flashcard Deck - 8 Cards
Flashcard 1: What is the eggshell-plaintiff rule for damages?
Answer: A defendant takes the plaintiff as found and is liable for the full extent of the foreseeable injury caused by the tort, even if the plaintiff’s preexisting condition makes the injury unusually severe. The defendant is not liable for harm that would have occurred without the defendant’s conduct.
Flashcard 2: What is the primary distinction between divisible and indivisible harm in the context of multiple tortfeasors?
Answer: Divisible harm can be logically separated and assigned to specific actors based on their causal contribution. Indivisible harm, however, cannot be reasonably apportioned among multiple tortfeasors, even if multiple actors contributed to it.
Flashcard 3: What is the recommended order of analysis for classifying damages?
Answer: Start with the function (compensate, recognize, punish). Then, ask: 1. What actual harm is proved (general/special compensatory)? 2. Is there no actual loss despite a rights invasion (nominal)? 3. Is there an independent punitive screen (punitive)?
Flashcard 4: When are nominal damages available in tort?
Answer: Nominal damages may be awarded when the defendant commits an actionable intentional tort but the plaintiff cannot prove actual damages. They ordinarily are not available for negligence without legally recognized harm.
Flashcard 5: What proof is required for an award of future damages?
Answer: Future damages must be proven with reasonable certainty rather than based on speculation. Future monetary damages generally are discounted to present value.
Flashcard 6: Under the traditional and Restatement majority approach, how is indivisible harm caused by multiple tortfeasors apportioned?
Answer: Each joint tortfeasor may be held jointly and severally liable for the entire indivisible injury, allowing the plaintiff to recover the judgment from any responsible tortfeasor. A tortfeasor who pays more than that tortfeasor’s equitable share generally may seek contribution from the others, subject to jurisdictional modifications.
Flashcard 7: How does comparative negligence affect a plaintiff’s damages?
Answer: The plaintiff’s recovery is reduced in proportion to the plaintiff’s percentage of fault under a comparative-fault system. In modified comparative negligence jurisdictions, recovery is barred when the plaintiff’s fault reaches the jurisdiction’s threshold, commonly 50% or 51%.
Flashcard 8: What is the collateral-source rule?
Answer: Under the majority rule, benefits the plaintiff receives from insurance or another independent source do not reduce the defendant’s damages liability. Many jurisdictions modify this rule by statute.
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