Article by David J. Sharpe
After the plaintiff has established that the defendant is liable for the plaintiff's harm and after the fact-finder has established the amount of the plaintiff's damages, doctrines come into play that may increase or reduce the amount of the judgment for the plaintiff. If there are two or more defendants, additional doctrines may shift the damages from one defendant to another or may spread the damages among multiple defendants. This Article seeks to analyze the applications of these doctrines. Inflation, discounting to present value, taxability, and prejudgment interest lie outside the scope of this Article. Maritime law will be cited where it has been decided or enacted, and maritime applications of doctrine will be used where they are available; otherwise, the rules involved are general American law supported by authorities such as the Restatements and the decisional law of the states. The issues dealt with have arisen in or have been suggested by cases reported since 1994.
About the Author
David J. Sharpe. Professor Emeritus of Law, The George Washington University Law School, Washington, D.C.
Citation
72 Tul. L. Rev. 849 (1997)