Chapter 10

Remedy

The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual

Injunction

a court order that commands or prohibits some act or course of conduct; a form of equitable relief; prevents immediate and irreparable harm and preserves the status quo

Mitigation of damages

a doctrine in the law which requires an injured party to avoid or lessen the consequences of the other party's wrongful act

Treble damages

a form of punitive damages or exemplary damages authorized by statute in some circumstances if warranted by the severity of the violation or the seriousness of the wrong

Election of remedies

a legal requirement that a party to a lawsuit must choose between different types of relief allowed by law on the same set of facts; the plaintiff is allowed to recover only 100 % of his/her losses, but that does not mean that only one type of remedy is allowed; when remedies are mutually exclusive, a party who elects one remedy cannot go back and request another one hoping for a better result

Legal remedy

a remedy available through legal action; money damages

Reliance

a remedy to prevent unjust enrichment; quantum meruit; focusses on the plaintiff

Tort

a wrong involving a breach of duty and resulting in an jury to the person or property of another

Reformation

an equitable remedy available to a party to a contract provided there is proof that the contract does not reflect the real agreement; modifies a contract to reflect the true intention of the parties; avoids injustice, especially in mistake cases

Permanent injunction

an injunction granted after a final hearing on the merits; is a lasting prohibition

Preliminary injunction

an injunction granted prior to a full hearing on the merits. It purpose is to preserve the status quo until the final hearing; will be effective until trial

Quasi contract

an obligation imposed by law to achieve equity; usually to prevent unjust enrichment

Nominal damages

damages awarded to a plaintiff in a very small or merely symbolic amount; acknowledges that wrongful conduct occurred even though no real damages occurred

Compensatory damages (also known as actual damages)

damages recoverable in a lawsuit for loss of injury suffered by the plaintiff as a result of the defendant's conduct

Punitive damages (also known as exemplary damages)

damages that are awarded over and above compensatory damages because of the wanton, reckless, or malicious nature of the wrong done; breaching party's conduct must be intentional and in complete disregard of the rights of the injured party; intended to deter future willful conduct by the defendant and other who may be in the defendant's situation

Speculative damages

damages that have yet to occur and whose occurrence is doubtful; are not recoverable

Incidental damages

expenses that the nonbreaching party incurred related to the breach, often expended to avoid further loss; Out-of-pocket expenses of the plaintiff

Restitution

in both contract and tort, a remedy that restores the status quo; it returns a person who has been wrongfully deprived of something to the position occupied before the wrong occurred; focuses on the value of a benefit that was unjustly obtained; focusses on the defendant

Consequential damages

indirect losses; damages that do not result from the wrongful act itself, but from the result or the aftermath of the wrongful act; Also known as special damages. To be recoverable, the damages must be a foreseeable consequence of the breach

Ex parte

refers to an application made to the court by one part without notice to the other party; is issued in an informal hearing; typically, it lasts 10-14 days

Equitable remedy (also known as equitable relief)

relief other than money damages; are awarded when no suitable monetary remedies exist

Temporary restraining Order (TRO)

relief that the court is empowered to grant, without notice to the opposing party (ex parte) and pending a hearing on the merits; upon a showing that failure to do so will result in immediate and irreparable injury, loss, or damage

Rescission

the abrogation, annulment, or cancellation of a contract by the act of a party;

Specific performance

the equitable remedy of compelling performance of a contract

Promissory estoppel

the legal principle that a promisor will be bound to a promise, even though it is without consideration, if he/she intended that the promise should be relied upon or to prevent injustice

Lessee (also known as tenant)

the person receiving the right of possession of real property, or possession and use of personal property, under a lease

Quantum meruit

the quasi-contract doctrine that makes a person liable to pay for services or goods that he/she accept while knowing that the other party expects to be paid; even if there is no express contract, to avoid unjust enrichment

Liquidated damages

the sum of money specified in a contract that will be the total amount of compensation an aggrieved party will get if the other party breaches certain part(s) of the contract; at the time that the contract is drafted, the parties agree on a sum that will be awarded in event of a breach; helps the parties to encourage performance of the contract and to remove uncertainty when breach occurs