Chapter 10 Legal Remedy
Compensatory Damages
(actual damages) damages recoverable in a lawsuit for loss or injury suffered by the plaintiff as a result of the defendant's conduct
Injunction
a court order that commands or prohibits some act or course of conduct; form of equitable relief
Mitigation of Damages
a doctrine in the law which requires an injured party to avoid or lessen the consequences of the party's wrongful act
Treble Damages
a form of punitive damages or exemplary damages authorized by statute if warranted by the severity of the violation of the seriousness of the wrong
Legal Remedy
a remedy available through legal action
Election of Remedy
a requirement in the law that a party to a lawsuit must choose between different types of relief allowed by the law on the same set of facts; the adoption of one has the effect of barring the use of another
Tort
a wrong involving a breach of duty and resulting in an injury 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
Permanent Injunction
an injunction granted after a final hearing on the merits
Preliminary Injunction
an injunction granted prior to a full hearing on the merits, purpose is to preserve the status quo until the final hearing
Liquidated Damages
contractually agreed to damages of the parties in the event of breach
Nominal Damages
damage awarded to a plaintiff in a very small merely symbolic year
Punitive Damages
damages that are awarded over and above compensatory damages because of the wanton, reckless, or malicious nature of the wrong done by the plaintiff
Speculative Damage
damages that have yet to occur and whose occurrence if doubtful
Quantum Meruit
doctrine which makes a person liable to pay for services or goods that he or she accepts while knowing that the other party expects to be paid, even if there is no express contract, to avoid unjust enrichment
Restitution
in both contract and tort, a remedy that restores the status quo; returns a person who has been wrongfully deprived of something to the position occupied before the wrong occurred
Consequential damage
indirect losses; damages that do not result from the wrongful act itself, but from the result of the aftermath of the wrongful act
Equitable Remedy
non-monetary remedy awarded when a legal is inadequate
Ex Parte
refers to an application made to the court by one party without notice to the other party
Temporary Restraining Order (TPO)
relief that the court is empowered to grant without notice to the opposin party and pending a hearing on the merits, upon a showing that failure to do so will result in in immediate and irreparable injury, loss, or damage
Equitable Relief/Remedy
relief their than money damages
Reliance
remedy to prevent unjust enrichment; quantum meruit
Rescission
the abrogation, annulment, or cancellation of a contract by the act of a party; may occur by mutual consent of the parties
Specific Performance
the equitable remedy of compelling performance of a contract
Lessee
the person receiving the right of possession of real property, or possession and use of personal property, under a lease. AKA tenant
Damages
the sum f money that may be recovered in the courts as financial reparation suffered by the plaintiff as a result of the defendant's conduct