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Tort Damages and Remedies
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Quantum Meruit
A legal principle where a party is paid for the value of the work performed, even if no contract existed, to prevent unjust enrichment. Frequently applied in cases where a contract is found unenforceable.
Reformation
The court modifies a contract to reflect the true intentions of the parties involved. Often used when a mistake or fraud has been made in the drafting of the document.
Restitution
Requires the defendant to return what was wrongfully obtained from the plaintiff. Applied frequently in cases of unjust enrichment.
Injunction
A court order requiring a party to do or refrain from doing specified acts. Could prevent ongoing nuisances or trespassing.
Specific Performance
A remedy requiring the breaching party to perform the contractual obligation rather than just paying damages. Common in unique goods situations, like real estate transactions.
Punitive Damages
Awarded to punish the defendant for particularly egregious or malicious behavior and deter similar future conduct. Examples are rare in tort cases but could arise from gross negligence or intentional harm.
Liquidated Damages
Damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (such as late performance).
Nominal Damages
A small sum awarded when a legal wrong has occurred, but no actual monetary loss was suffered. Used to acknowledge that an infringement of rights took place.
Compensatory Damages
Intended to compensate the plaintiff for actual losses suffered. Examples include medical expenses, lost wages, and repair or replacement of property.
Rescission
Cancellation of a contract to return the parties to their positions before the agreement. Common when contracts are entered into based on misrepresentation or fraud.
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