Memorandum on Tort Remedies

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Memorandum on Tort Remedies
Memorandum
To: Ms. Regina Phalange
From: Weatherford-Clinton-Thomas
Date: September 9, 2018
Subject: Tort Remedies
Dear Ms. Phalange,
In regards to the case filed against you, the following information seeks to explain to you the concept of the case and to show you what is at stake.
A tort is a civil wrong that causes one party to suffer loss or some kind of harm which then becomes a ground for lawsuits in order to seek compensation to the grieved party. In this case, you are facing a lawsuit by the Starbucks barista because of the injuries he sustained and the costs he incurred when you poured a hot cup of espresso on his hands which rendered him unable to work thus losing a few weeks wages.
Tort actions have two main purposes. The first one is to compensate a victim who has suffered harm due to the actions of another and the second one is to deter people from wrongful acts and to punish those found guilty of wrongful acts.
In this case, different types of damages are applicable. The damages exist to restore the harmed party to the position he was previously in before the injuries (Keeton, pp 230-233). The first damage is the compensatory damage which is damage awarded for the actual loss suffered, it intends to place the victim in the position she would have been in had the wrong act not occurred. The second damage is the non-pecuniary damage which is compensation for losses in regards to factors such as pain, suffering, nature of an injury, level of disability etcetera.

The third damage is the punitive damage which is awarded in order to penalize a wrongdoer for specific wrong acts which also acts to deter people from such conduct. The fourth damage is the pecuniary damage which seeks to compensate the plaintiff for monetary loss which includes medical bills and lost wages. The fourth one is the aggravated damages which is compensation for intangible injuries such as anxiety, mental distress, fear and humiliation. The last damage is the nominal damage that is awarded due to the violation of an individual’s legal right which the law seeks to protect regardless of whether the plaintiff suffered monetary loss or not.
Other than the damages remedy the other types of remedies include restitutionary and equitable remedies. Restitutionary remedies seek to restore the victim to a position close to where he was before the tort occurred. Equitable remedy, on the other hand, works where monetary compensation is unable to restore the plaintiff to wholeness, it may include a temporary restraining order.
Work Cited
Keeton, Page. “The Law of Torts.” (1957): 230-233.