Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Tort Damages and Remedies

10

Flashcards

0/10

Still learning
StarStarStarStar

Quantum Meruit

StarStarStarStar

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.

StarStarStarStar

Reformation

StarStarStarStar

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.

StarStarStarStar

Restitution

StarStarStarStar

Requires the defendant to return what was wrongfully obtained from the plaintiff. Applied frequently in cases of unjust enrichment.

StarStarStarStar

Injunction

StarStarStarStar

A court order requiring a party to do or refrain from doing specified acts. Could prevent ongoing nuisances or trespassing.

StarStarStarStar

Specific Performance

StarStarStarStar

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.

StarStarStarStar

Punitive Damages

StarStarStarStar

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.

StarStarStarStar

Liquidated Damages

StarStarStarStar

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).

StarStarStarStar

Nominal Damages

StarStarStarStar

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.

StarStarStarStar

Compensatory Damages

StarStarStarStar

Intended to compensate the plaintiff for actual losses suffered. Examples include medical expenses, lost wages, and repair or replacement of property.

StarStarStarStar

Rescission

StarStarStarStar

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.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.