CH 14 - Remedies Flashcards

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0
Q

COMPENSATORY DAMAGES

A

Return original value

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1
Q

INCIDENTAL DAMAGES

A

Damages that compensate for direct expenses related to a breach of contract (Storage, care, transport, etc.)

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2
Q

CONSEQUENTIAL DAMAGES

A

When you lose money you would’ve won. Lost of profit because of prior deal. Knowledge needed!!!!

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3
Q

PUNITIVE DAMAGES

A

Such damages have no legitimate place in contract. They are essentially penalties.

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4
Q

NOMINAL DAMAGES

A

Small monetary award granted to a plaintiff when no actual damage was suffered.

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5
Q

MITIGATION OF DAMAGES

A

Plaintiff look for another solution in order to minimize the damages caused by the defendant.

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6
Q

MITIGATION DAMAGES

A

Damages you suffer. Little piece that you couldn’t finish. Still screwed but less than before.

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7
Q

LIQUIDATED DAMAGES CLAUSE

A
Preset amount of damages, stated in contract, in case of breach.
ONLY allowed if:
- Neccessary
- Reasonable/ Fair
- Not a penalty
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8
Q

SPECIFIC PERFORMANCE

A

Unique goods, when monetary damages is inadequate. Court orders to perform as stated in the contract.

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9
Q

INJUCTION

A

Court orders to stop doing something and to stick to what the contract says.

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10
Q

QUASI - CONTRACT

A

Sort of, like a contract.

Legal theory under which an obligation is imposed in the absence of agreement.

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11
Q

UNJUST ENRICHMENT

A

People should NOT get what they DO NOT deserve.

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12
Q

QUANTUM MERUIT

A

People should get what they deserve.

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