Legal and equitable remedies concepts tested on the bar exam.
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- What is compensatory damages?
- Money awarded to put the injured party in the position they would have occupied had the wrong not occurred.
- What is punitive damages?
- Money awarded in excess of actual harm to punish wrongdoing and deter similar conduct.
- What is nominal damages?
- A small money award, often one dollar, acknowledging a legal right was violated even though no actual harm occurred.
- When are punitive damages available?
- Only when the defendant's conduct was willful, wanton, reckless, or involved fraud or intentional wrongdoing.
- What is the expectation damages formula?
- The value of full performance minus the cost of performance, representing the plaintiff's lost bargain.
- What are reliance damages?
- Reimbursement for losses suffered by relying on the defendant's promise, measured by costs incurred in reliance.
- What is restitution?
- 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?
- 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?
- Reasonable costs incurred in dealing with the breach, such as inspection, storage, or transportation costs.
- What are consequential damages?
- 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?
- The injured party must take reasonable steps to reduce losses caused by the breach or wrong.
- How does foreseeability apply to contract damages?
- 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?
- 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?
- 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?
- 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.