Foundations of Tort Law by Saul Levmore & Catherine M. Sharkey

Author:Saul Levmore & Catherine M. Sharkey [Levmore, Saul]
Language: eng
Format: mobi
Publisher: LexisNexis
Published: 2012-01-03T05:00:00+00:00

3. The defendant is possibly liable, in which case the defendant pays over to the court the full amount of the defendant’s unjust enrichment, and the court limits the plaintiff’s recovery out of this fund to proven property damage and medical expenses, and at its discretion allows payments for lost earnings and wrongful death. If, however, the presiding judge finds that a recovery for unjust enrichment is inappropriate because the determination of this amount would be unnecessarily difficult or because the amount is likely to be so small or so difficult to quantify as to make the determination counterproductive or because the same defendant is likely to face other claims arising out of the same behavior, the judge may decide to allow a probabilistic recovery, as sketched in verdict 2, of between 0 and 50 percent.

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