I.A. Righting (or Punishing) the Wrong | Jonathan Zittrain | December 21, 2012


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I.A. Righting (or Punishing) the Wrong

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Vosburg v. Putney--"The Schoolboy Kicker"
    Original Creator: Jonathan Zittrain
    Should defendants be liable for unforeseeable injuries?
    The plaintiff and defendant are schoolmates. Plaintiff kicked the defendant's leg in a classroom, during school hours. After the kick, the defendant's leg—which had nearly recovered from a prior injury—became inflamed. The plaintiff was likely unaware of the defendant's previous injury, and therefore unable to foresee the extraordinary harm the kick would inflict.
  2. 2 Show/Hide More Alcorn v. Mitchell--"The Angry Spitter"
    Original Creator: Jonathan Zittrain
    Should damages for battery encompass indignities as well as physical injuries? Should juries be able to assign extra damages for particularly malicious or bad-natured conduct?
    Defendant spat in plaintiff's face at the close of an earlier trial, in front of a large number of people. Plaintiff was awarded $1,000 ($17,980.86 in 2010 dollars). Defendant appeals the verdict as excessive.

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