Chapter 2 (3) Flashcards
What are special damages ?
Damages that can be easily measured. For example, if someone steals 1000 dollars, they owe you 1000 dollars. These are called put of pocket losses
What are general damages ?
Damages that cause pain, suffering, and future economic loss are hard to calculate. However, the court will decide what is a fair amount is, and award it to the plaintiff
What are aggravated damages ?
Much like general damages, these are damages that arise from inflammatory actions by the defendant; for example, harm to reputation or humiliation. These will be calculated by the court
What is pecuniary damages ?
Damages by the defendant that are based on actual monetary loss
What are non pecuniary damages ?
Damages that cannot be qualified in financial terms. For example, how can you quantify a loss of a limb? In these cases, the courts will turn to past decisions and award based by past rulings.
What are punitive damages ?
These are monetary sums that are added to a damage award. It’s a extra “fine” against the defendant to try and deter future similar behavior in others, and themselves.
What is a injunction ?
A court order requiring a party to discontinue a action or proposed action. For example, if a defendant starts to gift off any material that the plaintiff could seek for damages, an injunction would be placed on the defendant to stop gifting items
What is specific performance?
A court order that requires a party to complete its obligations under a contract