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Types of Civil Remedies

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Rescission

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The cancellation of a contract to restore the parties to their positions before the contract was executed. Example: A court nullifies a contract due to misrepresentation or fraud.

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Restitution

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The act of restoration of the injured party to the position they were in before the wrongdoing. Example: A court orders the return of stolen property to its rightful owner.

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Injunction

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A court order requiring an individual to do or cease doing a specific action. Example: A restraining order prohibiting someone from contacting the petitioner.

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Declaratory Judgment

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A legal determination of a court that resolves legal uncertainty for the parties. Example: A court declares the rights of parties under a contract without awarding damages or ordering specific action.

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Punitive Damages

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Damages exceeding simple compensation and awarded to punish the defendant. Example: a company pays punitive damages for gross negligence beyond the compensation for actual harm.

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Specific Performance

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A remedy requiring the breaching party to perform the contract as agreed, rather than paying monetary damages. Example: A seller is ordered to complete the sale of a unique piece of art as contracted.

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Compensatory Damages

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A monetary award given to the injured party to compensate for loss, injury, or harm suffered as a result of another's breach of duty. Example: money awarded to a plaintiff in a car accident case for medical expenses and lost wages.

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Nominal Damages

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A small monetary award granted to a plaintiff when a legal wrong has occurred, but no actual financial loss was suffered. Example: A court awards 1toaffirmalegalrightwasviolated.1 to affirm a legal right was violated.

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