Remedies - Remedies: Making the Injured Whole . . . and...

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Remedies: Making the Injured Whole . . . and other options What the Courts Can and Can’t Do
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Remedies Law Equity
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Remedies in Law Types Compensatory Consequential Punitive Liquidated Rescission & restitution Goal is to make non-breaching party whole
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Remedies in Equity Types Specific performance Injunction Reformation Quasi-contract Goal is fairness – monetary damages aren’t going to solve the problem
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Identifying the “Interest” Expectation Interest Designed to put the injured party in the position she would have been in had both sides fully performed their obligations. Reliance Interest Designed to put the injured party in the position he would have been in had the parties never entered into a contract.
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Identifying the “Interest” (cont’d ) Restitution Interest Designed to return to the injured party a benefit that he has conferred on the other party, which it would be unjust to leave with that person. Equitable Interest When money is not sufficient to help the injured party, a court may order a transfer of property or may issue an injunction to prevent a particular action from continui ng.
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This note was uploaded on 04/09/2012 for the course BA 3301 taught by Professor Stanb during the Spring '09 term at University of Houston - Downtown.

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Remedies - Remedies: Making the Injured Whole . . . and...

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