Remedies Flashcards
Types of Tort Damages
Compensatory
Nominal
Punitive
Compensatory Tort Damages
-put plaintiff in same position he was in before the tort occured
-compensates for past, present and future harms
-general (noneconomic) damages such as pain and suffering are recoverable if physical harm was suffered
-Special (economic) damages are awarded for out of pocket expenses such as medical expenses, lost wages, and property loss
-hedonic loss: loss of enjoyment of life
-emotional distress allowed for intentional/outrageous conduct or if ancillary to physical harm. recovery in negligence is limited unless zone of danger/ relationship+proximity
Nominal Damages
awarded when P has a cause of action but suffered little or no harm
Punitive Damages
to punish D who engages in serious misconduct with improper state of mind
usually cannot exceed compensatory damages by a double digit factor
Types of Damages for Contracts
Compensatory OR
Reliance Damages
Restitution Damages
Nominal Damages
Liquidated Damages
[CORRNL]
Compensatory Contract Remedies
puts plaintiff in as good a position as the performance would have done
expectation + consequential +incedental damages - mitigation
Incidental Damages
reliance type damages, such as delivery, transportation, storage expenses
Reliance Damages
expenditures made in preparation and for performing contract, cannot exceed contract price
consequential damages
arises as a consequence ov breach and are reasonably foreseeable at time of contracting. typically lost profits and out of pocket expenses
Restitution
damages measured by the value of the benefit conferred
Liquidated Damage
agreement on damages made during formation
must be reasonable
General Damages considerations
damages must be established with reasonable certainty
P has a duty to mitigate or avoid avoidable consequences
Reduction for any savings stemming from D’s wrong, but not for collateral source of benefits
Temporary Restraining Order
-TROs are intended to preserve the status quo prior to hearing
-can be issued ex parte, but not effective until D receives notice
-cannot exceed 14 days (15 in California)
Elements:
-immediate irreparable harm
-balance of hardships
-likelihood P will succeed on merits
Permanent Injunction
P has acheived success on the merits
p will suffer irreparable harm wihtout injunction,
balancing of hardships
Defenses: laches and unclean hands
Preliminary Injunction
to preserve status quo pending trial
D is entitled to notice and opportunity to be heard
elements: Irreparable harm (inadequate remedy at law)
Balance of the hardships
Likelihood that P will succeed on merits