Asked by Morgan Rutter on May 05, 2024

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Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.

Remedies

Legal means for enforcing a right or compensating for a violation, including damages, injunctions, and specific performance.

Tort Actions

Legal procedures to seek remedy for wrongs and injuries that are not based on contract law, often involving personal injury or property damage.

Availability Limitations

Restrictions or constraints on the availability of resources, services, or products, often based on time, capacity, or legal conditions.

  • Identify the distinctions between torts concerning business and personal reputation.
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JM
Joani MasonMay 11, 2024
Final Answer :
The primary remedy is damages or monetary compensation, but students should point out that these damages are to put the person in the position they would have been in had the tort not been committed (looking back). Good students might point out how damages in contract law look forward and try to put the person in the position he would have been in had the contract been properly performed. Also, it should be pointed out that, with some torts, punitive damages may be available. Specific performance may be available where damages would not provide an appropriate remedy. Students should also discuss the effect of contributory negligence that will reduce the damages payable on the basis of apportioned responsibility for the loss. Voluntary assumption of risk should also be discussed. Here they should indicate that the defendant must demonstrate that the plaintiff voluntarily assumed the legal risk, not just the physical risk, and that in the few cases where this is present, this will be a complete bar to recovery.