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					                                           Calculating Damages
               Damages                         “Present Value”
                                             *    Discounting
                                             *            vs
                                                  General vs. Specific Damages
                             Torts II
                        Professor Hensel      Taxation
                             2/16/10         * Personal Injuries vs. Punitive
                                                 Damages
                                               Interest




Typical Fee Arrangements–Pl Cases
                                             Limiting the Amount of Damages

                                                   Collateral Source Rule
 *       Plaintiff’s Bar:
                                               *     Covered Sources
         Contingency Fees
                                               *     Exempted Sources / Exceptions


 *       Defense Bar: Hourly Fees




Avoidable Consequences Doctrine                Physical Harm to Property
 *       Parameters of Doctrine               Approaches:
 *       General Rule                         Diminished Value
     *   Relationship to Comparative          Cost of Replacement / Repair
         Fault
                                               Valuation:
                                               Market
                                               Personal Goods




                                                                                     1
          Punitive Damages
      *      Purpose                                    Vicarious Liability
      *      Pre-conditions to Granting

      *      Calculating the Award
                                                                             Torts II
      *      Procedural Protection                                      Professor Hensel
                                                                             2/18/10
      *      Tort Reform

      *     Insurance Coverage




                                                       Respondeat Superior
      VICARIOUS LIABILITY
                                                     Bussard v. Minimed, Inc.

                                           *       The Doctrine of Respondeat Superior

                                           *       Policy Rationales

                                               *    The Conscientious Employer

                                               *    Punitive Damages




Respondeat Superior: Scope of Employment       Employee v. Independent Contractor

          O’Shea v. Welch                              Murrel v. Goertz
  *       “Scope of Employment”
                                           *       Significance of the Distinction
  *       “Frolic” or “Detour”
                                           *       “Independent Contractor”
  *       Dual Motives                             Factor Analysis
  *       Intentional Torts




                                                                                           2
    Ind. Contractors:   Vicarious Liability                    Hypothetical
             Maloney vs. Rath
                                              Every year, Acme company, a large accounting firm, throws
*       Non-Delegable Duties                  a holiday party in December for clients, employees, local
                                              politicians and their families. Employees are not required to
        *      Policy Rationale               attend. There is food, drink, a band, and much conversation
                                              and socializing between the guests. The party runs from 8:00
        *     “Inherently Dangerous”           p.m. to midnight. Joe, a long-time Acme employee, usually
               Activities                     attends with his wife. This year, however, Joe attends alone
                                              because his wife has left him. Drinking heavily because he
                                              is depressed, he nevertheless is not visibly intoxicated. He
        *      Collateral Negligence          leaves early to drive home. On the way, he is involved in a
                                              collision which seriously injures the other driver, Ellen.
    *       Apparent Authority




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