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

Info iconThis preview shows pages 1–7. Sign up to view the full content.

View Full Document Right Arrow Icon
Remedies: Making the Injured Whole . . . and other options What the Courts Can and Can’t Do
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Remedies Law Equity
Background image of page 2
Remedies in Law Types Compensatory Consequential Punitive Liquidated Rescission & restitution Goal is to make non-breaching party whole
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Remedies in Equity Types Specific performance Injunction Reformation Quasi-contract Goal is fairness – monetary damages aren’t going to solve the problem
Background image of page 4
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.
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
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.
Background image of page 6
Image of page 7
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 18

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

This preview shows document pages 1 - 7. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online