SUMMARY
New updated edition of an award-winning, comprehensive treatise that runs the gamut of available damages in civil cases.
DESCRIPTION
• 1 volume; 7" x 10" paperback
• ~1,200 pages
• Publication Date: August 2024
• Editorial Review Board: Richard A. Lee; Hon. Karsten H. Rasmussen; Heather Bowman
The two-volume Damages was originally published in 1973. Over the past 50 years, this deskbook has been supplemented and revised numerous times. This sixth edition completely replaces the 2016 edition and reflects the many changes in the law that have occurred over the years.
From compensatory damages to punitive damages to nonmonetary remedies, the award of damages is what brings your client to the civil courtroom. Damages is your essential resource to determine the types of damage awards and remedies that may be available to your client. This deskbook provides comprehensive coverage of the law governing the recovery of money damages. It covers a wide variety of legal actions giving rise to money damages, discussing the applicable elements of the claims, the requisite pleading and proof of each, and the damages recoverable. Practice tips, suggested jury instructions, and references to relevant statutory and case law are included.
TABLE OF CONTENTS
1 Compensatory Damages
2 Nominal Damages
3 Punitive Damages
4 Pain and Suffering
5 Mental Distress
6 Loss of Earnings and Earning Capacity
7 Medical Expenses
8 Impaired Living Capacity
9 Contributory Negligence and Comparative Fault
10 Loss of Services
11 Wrongful Death
12 Defamation and Invasion of Privacy
13 Civil Rights and Employment Discrimination
14 False Imprisonment
15 Interference with Contractual and Business Relations
16 Securities Laws
17 Physical Injury to or Loss of Chattels
18 Dispossession of Personal Property
19 Invasions of Real Property Including Environmental Damage
20 Condemnation
21 Tortious Injury to Property in Admiralty
22 The Standard Fire Insurance Policy and Other Direct-Loss Policies
23 Contracts for the Sale of Goods
24 Employment Contracts
25 Construction Contracts
26 Land Sale Contracts
27 Special Damages for Breach of Contract
28 Loss of Profits
29 Liquidated Damages
30 Attorney Fees and Costs
31 Prejudgment Interest
32 Mitigation of Damages
33 Collateral Benefits and the Collateral-Source Rule
34 Additur and Remittitur
Table of Statutes and Rules
Table of Cases
Subject Index