chapter 18 slide show

Question 1

The goal of criminal law

Answer 1

The goal of criminal law is to punish wrongdoers and deter future wrongdoing

Question 2

The goal of tort law is to give

Answer 2

The goal of tort law is to give compensation to the wrong and punish the wrongdoer by imposing punitive damages.

Question 3

Punitive damages are meant

Answer 3

Punitive damages are meant to punish the wrongdoer and deter future wrongdoing by others.

Question 4

The goal of contract law is to

Answer 4

The goal of contract law is to compensate- not to punish. but To make whole.
it is To put in the same position the aggrieved would have been in, had the breaching party performed as they were supposed to.

Question 5

their are No punitive damages in

Answer 5

contract law. reverse me

Question 6

Attorney fees

Answer 6

A provision for the recovery of attorneys’ fees in the event of breach of contract can be included in the contract.

Question 7

Parties can include a provision in the contract

Answer 7

Parties can include a provision in the contract that in case of a dispute the parties will go to arbitration.

Question 8

arbitration example

Answer 8

many cell phone companies have an arbitration clause. In case of a dispute the customer can’t sue- has to go to arbitration.

Question 9

Contract damages are designed to

Answer 9

Contract damages are designed to place the injured party in a position as good as the one he would have held had the other party performed per the contract.

Question 10

Compensatory damages are equals

Answer 10

loss of value minus loss avoided by injured party plus incidental damages plus consequential damages.
LV-LA+ID+CD

Question 11

The only way to get punitive damages in a contract case is

Answer 11

The only way to get punitive damages in a contract case is if you add a tort count to the lawsuit. That is if the breach is also a tort you will recover punitive damages on a tort theory of claim.

Question 12

Liquidated damages

Answer 12

reasonable damages agreed in advance by the parties to a contract.

Question 13

mitigation of damages

Answer 13

the injured party may not recover damages for loss he could have avoided by reasonable effort

Question 14

Reasonable?

Answer 14

One has to make reasonable efforts to mitigate damages. If one does not, the losses that could have been reasonably mitigated/avoided are not recoverable from the breaching party.

Question 15

Specific performance

Answer 15

Specific performance is court decree ordering a breaching party to render promised performance.

Question 16

Give an example of specific performance

Answer 16

You hire famous painter John to paint you riding a horse and holding a sword. John has a change of heart. One remedy that you could seek from court is specific performance. That is if you insist that John paint you
The judge will not order specific performance- in this instance for John to paint you. Why? It will be involuntary servitude- against public policy.

Question 17

Injunction

Answer 17

Is court order prohibiting a party from doing a specific act.

Question 18

Injunction Court may order

Answer 18

when damages for a breach would not be adequate.

Question 19

valid covenants not to compete may be enforced by?

Answer 19

an injunction

Question 20

When the service contracted for are not unusual or extraordinary in character

Answer 20

the injured part cannot obtain injunctive relief. The only remedy available would be damages (money).

Question 21

Specific performance is the equitable remedy

3 parts

Answer 21

Specific performance is the equitable remedy that compels the defaulting party to perform his contractual obligations.

This remedy is available only when there is no adequate remedy at law.

It is ordered when money damages will not adequately compensate the aggrieved party.

Question 22

Courts of equity will grant specific performance in connection with

Answer 22

contracts for the sale of personal property only in exceptional circumstances
- such as with rare or unique personal property
something out the wazoo

Question 23

Courts will always grant Specific performance

Answer 23

case of breach of contract for the sale of real property. The reason for this is that every parcel of land is regarded as unique.