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