LEGAL REMEDIES Flashcards
Nominal Damages
no injury, but a declaration that your rights were violated.
$1 plus a declaration.
PUNITIVE DAMAGES
Used to punish defendant and set an example (only in tort cases)
Willful/malicious, wanton
Compensatory Special and General Damages
Elements
1. foreseeability
2. unavoidable
3. a certain
4. caused by the act.
Collateral Source Rule
We do not reduce the defendant’s liability by the amount another third party paid for the plaintiff.
Ex: A plaintiff is injured by defendant’s negligence and the insurance pays for plaintiff’s injuries. The defendant can not say they do not have to pay because of the insurance company paying.
CONSEQUENTIAL DAMAGES
LIQUIDATED DAMAGES
UNJUST ENRICHMENT/ QUASI K
RESTITUTION MONEY JUDGMENT
REPLEVIN
EJECTMENT
LEGAL REMEDIES
MONEY JUDGMENT OR SHERIFF SEIZES PROPERTY
Encroachment