Explore tens of thousands of sets crafted by our community.
Types of Legal Remedies
20
Flashcards
0/20
Specific Performance
Ordering the party to perform a specific act, often used in contract disputes. Example: Enforcing the sale of a unique piece of real estate.
Nominal Damages
A small sum of money awarded to acknowledge that a legal wrong has occurred, but no substantial damage resulted. Example: Awarding a symbolic
Accounting for Profits
A remedy requiring a defendant to pay the plaintiff all profits gained through unlawful acts. Example: Profits made from the unauthorized use of intellectual property.
Restitution
An equitable remedy requiring the return of specific property or its equivalent in money. Example: Returning stolen goods or their value.
Attachment
A court order seizing the defendant’s property to secure satisfaction of a judgment. Example: Freezing bank accounts to ensure payment can be made if the plaintiff wins.
Garnishment
A legal process used to deduct money directly from the defendant’s wages or bank account. Example: Withholding a portion of a debtor’s salary to pay off debts.
Liquidated Damages
Damages specified in a contract to be paid in the event of a breach. Example: Pre-agreed penalty for late delivery in a supply contract.
Reformation
The court revises the contract's terms to reflect the parties' true intentions. Example: Correcting a clerical error in a contract to reflect the agreed terms.
Declaratory Judgment
A court's statement about someone's legal rights. Example: A court clarifying the rights under a contract before a breach occurs.
Constructive Trust
An implied trust where a person holding title to property is subject to an equitable duty to convey it to the rightful owner. Example: Imposed where someone has wrongfully obtained or holds legal right to property.
Replevin
A remedy allowing the plaintiff to recover personal property wrongfully taken or retained. Example: Seizing collateral from a debtor who has defaulted on a loan.
Equitable Damages
Remedies granted based on fairness as opposed to strict rules of law. Example: Imposing a constructive trust on wrongly gained assets.
Mandamus
A court order directing a public official to perform a mandatory or purely ministerial duty correctly. Example: Ordering a government official to grant a license that was wrongly denied.
Quantum Meruit
An equitable remedy that allows recovery of the value of work performed. Example: Compensation for services rendered when no contract exists.
Compensatory Damages
Monetary award to compensate for actual loss, damage, or injury. Example: Paying medical bills after a car accident.
Punitive Damages
Damages exceeding simple compensation and awarded to punish the defendant. Example: Awarded in cases of gross negligence.
Injunction
A court order requiring a party to do or refrain from doing a specific act. Example: Cease and desist from trademark infringement.
Rescission
Legal remedy that cancels the contract and returns the parties to their pre-contractual state. Example: Canceling a sales agreement due to misrepresentation.
Recission of Contracts
A remedy canceling the contract and relieving the parties of ongoing obligations. Example: Terminating a contract due to a major breach.
Legal Damages
Monetary compensation ordered by the court for loss or injury. Example: Payment for breach of contract.
© Hypatia.Tech. 2024 All rights reserved.