CH 14 - Remedies Flashcards
COMPENSATORY DAMAGES
Return original value
INCIDENTAL DAMAGES
Damages that compensate for direct expenses related to a breach of contract (Storage, care, transport, etc.)
CONSEQUENTIAL DAMAGES
When you lose money you would’ve won. Lost of profit because of prior deal. Knowledge needed!!!!
PUNITIVE DAMAGES
Such damages have no legitimate place in contract. They are essentially penalties.
NOMINAL DAMAGES
Small monetary award granted to a plaintiff when no actual damage was suffered.
MITIGATION OF DAMAGES
Plaintiff look for another solution in order to minimize the damages caused by the defendant.
MITIGATION DAMAGES
Damages you suffer. Little piece that you couldn’t finish. Still screwed but less than before.
LIQUIDATED DAMAGES CLAUSE
Preset amount of damages, stated in contract, in case of breach. ONLY allowed if: - Neccessary - Reasonable/ Fair - Not a penalty
SPECIFIC PERFORMANCE
Unique goods, when monetary damages is inadequate. Court orders to perform as stated in the contract.
INJUCTION
Court orders to stop doing something and to stick to what the contract says.
QUASI - CONTRACT
Sort of, like a contract.
Legal theory under which an obligation is imposed in the absence of agreement.
UNJUST ENRICHMENT
People should NOT get what they DO NOT deserve.
QUANTUM MERUIT
People should get what they deserve.