1-20

Question 1

Legal Remedy

Answer 1

Money damages to Redress an injury.

Question 2

Equitable Remedy

Answer 2

Redress awarded to complainant by a court of equity such as specific performance, injuction, and recession.

Question 3

Adequacy of Legal Remedy

Answer 3

Legal remedy must be inadequate before equitable remedy is given.

Question 4

Damages

Answer 4

Money awarded for Injury.

Question 5

Compensatory Damages

Answer 5

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.

Question 6

General Damages

Answer 6

Damages that flow from the wrong complained of.

Question 7

Value measure of Damages

Answer 7

Method of measuring how much compensation is to be given. Market value.

Question 8

Cost Measure of Damages

Answer 8

Method of measuring how much compensation is to be given. Torts, cost to repair or replace. Contracts, cost of substitute performance.

Question 9

Expectation Damages

Answer 9

Damages recoverable from a contract breach.

Question 10

Reliance Damages

Answer 10

Money spent in reliance of contract.

Question 11

Special Damages

Answer 11

Losses peculiar to the plaintiff, plaintiff must prove foreseeability. Tort, proximately caused. Contract, that which is within contemplation of the parties. (Hadley v Baxendale)

Question 12

Unjust Enrichment

Answer 12

Benefit wrongfully obtained not intended to be a gift. Beneficiary must make restitution.

Question 13

Nominal Damages

Answer 13

Trivial amount awarded to recognize that legal injury was sustained.

Question 14

Punitive Damages

Answer 14

Damages awarded to punish or deter defendant for misconduct. Must be proven defendant had a bad state of mind.

Question 15

Permanent Damages

Answer 15

Damages awarded if activity is found to be factually and physically permanent.

Question 16

Temporary Damages

Answer 16

Damages awarded for a harm suffered until Injuction or permanent damage given.

Question 17

Loss of Consortium

Answer 17

1. Loss of benefits received from spouse such as companionship, aid, affection, sexual relations. 2. Loss of benefits recieved from parent or child.

Question 18

Liquidated Damages

Answer 18

Contractual provision measuring amount of damages if a party breaches agreement.

Question 19

Penalty Provision

Answer 19

Invalid Liquidated damages because 1. Difficult to assertain2. Amount must be reasonable

Question 20

Avoidable Consequence Rule

Answer 20

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.