Ch. 8 Remedies - _Only civil dispute not criminal...

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_Only civil dispute, not criminal dispute _Things court can do A. Remedies at Law – Money Damages 1. Compensatory _ Money awarded to compensate a person for losses resulting from another's wrong. Restore a person to status quo through money. _Tort: +Medical bills +Lost wages +Property damage +Pain and suffering \ Subjective : based on the jury feeling of particular experience. No guideline. \Depends on circumstances : ex of car accident (broken legs have different meaning for office workers and marathon runners) \On average, 3-10x out of pocket expenses (not over 10 times) _Contract damages: PUT INJURED PERSON IN THE SAME POSITION AS IF THE CONTRACT HAD NOT BEEN BREACHED Seller's Damages Buyer's damages DIFFERENCE BETWEEN CONTRACT PRICE AND MARKET PRICE Market Value v. Contract Price _CONTRACT PRICE IS $20,000 AND MARKET PRICE IS $19,000 _CONTRACT PRICE IS $20,000 AND SELLER SELLS FOR $10,000 _ Performance contract: someone else to redo the problem. Damage is the cost of repair _ Goods : A new sofa (defective). Damage is the loss of value _ Delay damage: value of building, subject rental value 2. Special / Consequential : BUYER’S SPECIAL DAMAGES: Damages that “flow from the breach” (loss of biz opportunity or contract, harm in reputation, loss of time or other inconveniences) Ex: JOE PLANNED TO USE BOAT FOR CHARTER FISHING BUSINESS (loss of profit, have to proof) Suttle v. Landstar Inway Inc.: (transportation) Typically, a plaintiff cannot recover special damages in a breach of contract action absent actual notice to the defendant of circumstances from which such damages may arise.
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  • Spring '13
  • Valenza
  • Equitable remedy, Judicial remedies, Injunction, punitive damages award

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