Term
| Difference between compensatory damages and restitution |
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Definition
Compensatory damages = plaintiff's losses
Restitution = defendant's gains |
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Term
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Definition
Damages: money awarded to plaintiff by defendant to compensate for the wrong
Injunction: a court order to a defendant to do or not do something in relation to the plaintiff (sometimes called "equity")
Restitution: money awarded to plaintiff by defendant, measured by the gain to defendant and not the loss of plaintiff |
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Term
| The Rightful Position Standard |
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Definition
| Choose the remedy that puts the plaintiff back (or keeps the plaintiff) in the position that she would have been in but for the defendant's wrong. |
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Term
| Rightful Position Standard for Contracts Cases |
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Definition
| Consider the gains that the plaintiff failed to realize because of a defendant's breach of K |
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Term
| Damages in a well-functioning market (many buyers and sellers) |
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Definition
| Courts used objective market measure for calculating a plaintiff's compensatory damages |
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