Joint Request To Charge Page 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
_____________________ DIVISION
)
Plaintiff
)
)
v.
)
Civil Action No. ________________
)
Defendant
)
)
D
'
S
EFENDANT
S
UPPLEMENTAL
R
C
N
. ____
EQUEST TO
HARGE
O
I CHARGE YOU THAT
Plaintiff was working under a contract for a definite term. If you find that he was
wrongfully discharged, the measure of damages is the wages for the unexpired portion of
the term. You must determine when Plaintiff was discharged in order to calculate his
damages. Any calculation must be based on the contract between Plaintiff and Defendant
which sets forth the compensation rate.
PLAINTIFF'S OBJECTION:
Incorrect statement of the law. Wrongful discharge in violation of public policy is a
tort, Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219, 337 S.E.2d 213 (1985). The
measure of damages for a tort is all foreseeable damages flowing as a natural and probable
consequence of the tortious act.
SAMPLE
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