LAW 122 Chapter Notes - Chapter 12: Punitive Damages, Clean Hands, Expectation Damages
21 Apr 2018
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Remedies: rule: you are entitled to damages for breach of contract (money) not performance remedy, most common remedy: damages, money, exception: you can sometimes get performance (equitable relief) Specific performance and injunctions (if someone doesn"t want money: types of contractual damages: Reliance damages- victim placed as if contract never occurred: you are asking for the money that you already spent. Account of profits damages- defendant places as if breach never occurred: when someone does something wrong and gains profit off of it. This profit should not have gone to him s: eg: give me what you never should have received. Nominal damages- symbolizing wrongdoing without loss: breach of contract is actionable per se (wrongful even if plaintiff suffers no loss, risk management: avoid suing for nominal damages, may result in cost award. Judges don"t like it when people waste their time with nominal damages.
