Legal and equitable remedies concepts tested on the bar exam.
35 cards · basic cards · AI-written, checked twice. Edit anything.
- What is compensatory damages?
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Money awarded to put the injured party in the position they would have occupied had the wrong not occurred.- What is punitive damages?
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Money awarded in excess of actual harm to punish wrongdoing and deter similar conduct.- What is nominal damages?
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A small money award, often one dollar, acknowledging a legal right was violated even though no actual harm occurred.- When are punitive damages available?
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Only when the defendant's conduct was willful, wanton, reckless, or involved fraud or intentional wrongdoing.- What is the expectation damages formula?
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The value of full performance minus the cost of performance, representing the plaintiff's lost bargain.- What are reliance damages?
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Reimbursement for losses suffered by relying on the defendant's promise, measured by costs incurred in reliance.- What is restitution?
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A remedy that returns to the plaintiff any benefit the defendant received from the plaintiff's services or property.- What is the difference between expectation damages and reliance damages?
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Expectation damages compensate for lost profit from the bargain, while reliance damages reimburse out-of-pocket losses from acting on the promise.- What are incidental damages?
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Reasonable costs incurred in dealing with the breach, such as inspection, storage, or transportation costs.- What are consequential damages?
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Damages not flowing directly from the breach but resulting from the plaintiff's particular circumstances, such as lost profits.- What is the duty to mitigate?
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The injured party must take reasonable steps to reduce losses caused by the breach or wrong.- How does foreseeability apply to contract damages?
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Damages must be foreseeable at the time of the breach; the defendant need not contemplate the exact harm, only that harm of that general type was foreseeable.- What is causation in tort damages?
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The defendant's wrongful conduct must be both the cause-in-fact (but-for cause) and the proximate cause of the plaintiff's harm.- What is an injunction?
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A court order requiring a party to do something or forbidding a party from doing something.- What is the standard for obtaining a preliminary injunction?
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The plaintiff must show: (1) likelihood of success on the merits, (2) irreparable injury if denied, (3) balance of equities favors the plaintiff, and (4) the public interest is served.
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