Remedies (Chapter 12)
Rule: you are entitled to damages (money) not performance as remedy
Expectations, Reliance, Account of Profits, Nominal, Liquidated, and
damages try to restore you to the position (restorative
model of damages)
An Account of Profits:
steve nash (great basketball player) good
person to be associated with him, athletic shoe marker reaches
out to him to use his shoe and his image. He says you can do it
for a year and can do it with one specific shoe. Shoemaker tries to
extend this but does not tell Steve to continue to use it for another
year. In an account of profits is to give the person the additional
benefits the shoemaker was to never receive.
Nominal Damages: you should be cautious, but in some
circumstances, you can seek this. When a given transaction is
wrong and deserving a legal determination that is was wrongful.
Taylor Swift’s situation was sexually assaulted in the United States
by a radio DJ and she informed the station manager and owner.
He sues her for wrongful determination because he denies he
does this and she countersues him for $1. She was successful
and he lost the suit for the countersue. Was not about the money
she was suing to make the point.
Liquidated Damages: applies when a clause is included in an
agreement that expresses the parties have made a pre-estimate
in a situation with a breach. Very common in career contracts. If
you send a package by FedEx or Canada Post. If your item is lost
or damages the company will pay $3 per pound of a max of $40.
Their cost of damages is low they are able to keep their pricing
low. In a situation of liquidated damages: you are trying to ship an
expensive painting across the world you would not use FedEx or
Expectations: you can sometimes get performance
Equitable relief (two types)
Specific performance and injunctions
Don’t forget - quite different from tort:
Tort looks back in time - put you in position as if harm never occurred
typically looks to the future ( expectation, most common measure) - put
you in position as if contract was performed