Damages (Law) Flashcards
What sort of damages does not depend on foreseeability?
General damages
What is the name for damages for the loss of benefits that would have been recieved?
Expectation damages/Benefits of the bargain’ damages
What four rights are mentioned in the context of sale of goods legislation?
1) Right to reject goods
2) Right to return goods
3) Right to demand repair
4) Right to demand replacement
What type of damages is likely to be awarded if a party completely fails to perform its obligations?
Restitution damages
What is the term for damages which are not money?
non-mometary relief
What might a court order if monetary damages would not be a adequate remedy?
Specific performance
What sort of damages might be awarded in the event of a reprehensible act?
Punitive damages/Exeplary damages
When are liquidated damages agreed?
At the time of entering into the contract
What do special or consequential damages hinge on?
Foreseeability
What normaly accompanies a breach of contractin order for punitive damages to be awarded?
Tort
What form of damages returns the non-breaching party to the status quo ante?
Reliance damages
When there is a breach of contract, what terms are used to describe the two parties?
The breaching party and the non-breaching party
What is the general name for damages and other rights resulting from a breach of contract?
Remedies
What right might a non-breaching party have in the event of default by another party?
The right to rescind or cancel the contract
What is another name for expectation damages?
Benefit of the bargain damages
