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Remedial Goals And Damages Outline

Law Outlines > Remedies Outlines

This is an extract of our Remedial Goals And Damages document, which we sell as part of our Remedies Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Remedies Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

REMEDIAL GOALS TORT o Prevent a tort from occurring (injunction) o Economic restoration (compensatory damages) o Punish or deter (punitive damages) CONTRACT o Expectancy relief (specific performance or money damages) o Unwind the contract (rescind) o Declaration of rights (equitable) o NO PUNITIVE DAMAGES AVOIDANCE OF UNJUST ENRICHMENT o Restore the benefits the defendant unjustly holds, restitution o Specific restitution o Restitution in $
DAMAGES Damages are a some of money to compensate. Damages are "in rem" relief, i.e., regarded as "legal" matters which are to be adjudged by a jury.

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Compensatory (requires causation of a loss and quantification of damages, with reasonable certainty are required) Replace someone to their whole General damages o Some of money that flows naturally and necessarily from a breach of contract or tort o i.e. pain and suffering -one does not have to quantify these losses Consequential damages / special damages o Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise. flow from the wrongdoing, but NOT naturally and necessary o i.e. breach of lease agreement - consequential damages are lost profits that tenant did not get). This requires special proof of the loss, that is why they don't flow naturally and necessarily. o Prove cause in fact (natural and necessarily), and prove proximate cause (but for).

* Nominal damages o Token some designed to demonstrate liability, but there is no proof of actual damages.

* Punitive damages (only available in tort, not contract)

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