Term
|
Definition
| If getting all damages now don't add inflation |
|
|
Term
|
Definition
| A money remedy aimed at (a) making good the π’s losses, i.e., returning π to his rightful position (compensatory), or (b) punishing Δ (punitive) |
|
|
Term
|
Definition
| Prevents unjust enrichment of Δ by making him give up what he wrongfully obtained from π |
|
|
Term
|
Definition
| A judicial command to Δ to act or to refrain from acting in order to prevent/correct harm. Failure to comply = contempt of court |
|
|
Term
|
Definition
| An authoritative judicial statement of the parties’ rights for purpose of guiding future behavior/preventing loss |
|
|
Term
|
Definition
| Various methods for recovering judgments and costs of obtaining them |
|
|
Term
|
Definition
Definition: A substitutionary monetary remedy designed to compensate plaintiff for injury by restoring to rightful position.
Justification: Corrective Justice; Economic Incentives to Rightful Conduct
Evidence: π’s losses |
|
|
Term
| Rightful Position: Contract |
|
Definition
Generally $ recovery puts π
in position she would have been in had Δ not breached |
|
|
Term
|
Definition
| Generally $ recovery puts π in position she would have been in had Δ not committed the tort. |
|
|
Term
|
Definition
Three approaches to property that fluctuates in value, e.g., securities: (1) time of loss;
(2) highest intermediate value; or
(3) highest value between discovery and reasonable time to cover. |
|
|
