1-20 Flashcards
Legal Remedy
Money damages to Redress an injury.
Equitable Remedy
Redress awarded to complainant by a court of equity such as specific performance, injuction, and recession.
Adequacy of Legal Remedy
Legal remedy must be inadequate before equitable remedy is given.
Damages
Money awarded for Injury.
Compensatory Damages
Money awarded for actual loss. Torts, put plaintiff in the same position he was before the tort. Contract, compensate the plaintiff for actual loss or injury.
General Damages
Damages that flow from the wrong complained of.
Value measure of Damages
Method of measuring how much compensation is to be given. Market value.
Cost Measure of Damages
Method of measuring how much compensation is to be given. Torts, cost to repair or replace. Contracts, cost of substitute performance.
Expectation Damages
Damages recoverable from a contract breach.
Reliance Damages
Money spent in reliance of contract.
Special Damages
Losses peculiar to the plaintiff, plaintiff must prove foreseeability. Tort, proximately caused. Contract, that which is within contemplation of the parties. (Hadley v Baxendale)
Unjust Enrichment
Benefit wrongfully obtained not intended to be a gift. Beneficiary must make restitution.
Nominal Damages
Trivial amount awarded to recognize that legal injury was sustained.
Punitive Damages
Damages awarded to punish or deter defendant for misconduct. Must be proven defendant had a bad state of mind.
Permanent Damages
Damages awarded if activity is found to be factually and physically permanent.
Temporary Damages
Damages awarded for a harm suffered until Injuction or permanent damage given.
Loss of Consortium
- Loss of benefits received from spouse such as companionship, aid, affection, sexual relations. 2. Loss of benefits recieved from parent or child.
Liquidated Damages
Contractual provision measuring amount of damages if a party breaches agreement.
Penalty Provision
Invalid Liquidated damages because 1. Difficult to assertain2. Amount must be reasonable
Avoidable Consequence Rule
Damages can’t be awarded which are avoidable by reasonable acts. Negative, can’t be collected for losses that could have been reasonably avoided. Affirmative, can be collected for amount spent trying to avoid the consequences of defendants act.
