| Exemplary damages are distinguishable from basic and aggravated damages in that their only function is to punish the tortfeasor. |
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| The act must be one committed within the jurisdiction by the alleged tortfeasor, not the victim. |
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| That is, the tortfeasor, the trespasser, is liable not only for the tort of trespass but for what has been called the fruits of the trespass. |
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| It does no more than make clear the extent of the liability for the tort in which the tortfeasor joins and thus does not advance the analysis. |
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| As between a claimant and a tortfeasor the onus is on the latter to show that the former has unreasonably neglected to mitigate the damages. |
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| To look at the overall picture and to assess, broadly speaking, the amount by which the tortfeasor has made the claimant's position worse. |
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| However, concern about unjust enrichment by a third party tortfeasor was not relevant to the facts in the case at bar. |
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| If the tortfeasor and the victim are nationals of the same Contracting State, the legislation of this Contracting State shall be applied. |
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| He cannot therefore be liable as a joint tortfeasor with the company. |
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| Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant, the tortfeasor. |
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| The tortfeasor, the plaintiff or the secondary and primary victim, as I understood his Honour, spatial or temporal concerns or the question of normal fortitude. |
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| A negligent tortfeasor is not responsible for all the direct consequences of his negligence, but only for such damage as ought reasonably to have been foreseen. |
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| This appears in some of the cases about interest on judgments where there is discussion about the obligation of the defendant tortfeasor in the absence of a judgment. |
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| Legislation to limit liability of volunteers and non-profit agencies will either deny recovery to an injured person or transfer cost to a joint tortfeasor who may only be liable to a small extent. |
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| However, the law of the State where the result was produced can only be applied if the tortfeasor should have foreseen that the result would be produced in that State. |
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| The Court noted that, in civil law, any loss, whether pecuniary or not, is compensable if it is proven that an injury was suffered by the victim and there was fault on the part of the tortfeasor. |
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| In American tort law, recklessness of the tortfeasor can cause the Plaintiff to be entitled to punitive damages. |
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| As does the Swiss law, the Civil Code of Quebec provides that the law of the State where the result was produced can be applied only if the tortfeasor should have foreseen that the damage would appear in that State. |
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| Where a tort is committed in the performance of acts governed by a contract, common law jurisdictions have traditionally required some privity of contract between the tortfeasor and the injured party. |
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| In the absence of supplemental jurisdiction, an impleader she has against a Nevadan who was a joint tortfeasor in the accident will have to be litigated in state court. |
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