GNG 4170 Lecture Notes - Lecture 5: Equitable Remedy, Quantum Meruit, Fundamental Breach

• School: University of Ottawa
• Department: General Engineering
• Course: GNG 4170
• Professor: Cameron Tiesma

Document Summary

Nominal damages- in some circumstances may be known as nominal damages which is awarded when there is uncertainty as to if liability may be found. Punitive damages- intended to punish wrongdoer in regards to name. Court is of the view that conduct is so negative that damages are awarded against party which may be extremely high. Indirect damages/consequential damages- difference between them is academic. Directed damages is when you"re given damages directly promised in the contract and if not directly promised in the contract the damages are considered indirect e. g. fines. Delay defeats equity, therefore there"s a time limit for seeking an equitable remedy. If the court considers the damages sufficient, you will not receive an equitable remedy. Fungible- an object is fungible if it can be replaced with another object which provides similar services. Specific performance- you ask the court for a court order which compels someone to do something e. g. pay owed damages.