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Why do you think the most common remedy in civil cases in an award of damages?
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Is monetary damages an equitable remedy under contract law?
They are normally considered an equitable remedy. In some cases there may be more equitable methods of compensation.
What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
Is damages a remedy at law?
Yes, damages are a common remedy at law. Damages typically involve the payment of money by the party found liable for losses or injuries suffered by another party. They aim to compensate the injured party for their losses and can be awarded in various types of legal cases, such as contract disputes and personal injury claims.
List and explain remedies available in civil law?
The most common remedy in most civil cases or torts, is compensation by means of something ov value (i.e.: money - real estate - personal property - etc) There are no jail sentences associated with civil cases.
What type of damages are rarely awarded in negligence cases?
Punitive Damages
What if your remedy at law is generally monetary damages while in equity you ask the court to do something Why how historically did this division arise?
This division arose because in some cases money was not an appropriate remedy. When the dispute is over an heirloom, for example, the damaged party would want the heirloom back instead of its monetary value,
What if you break the no compete contract?
Breaking a "no-compete" provision of a contract will subject the person breaking it to a lawsuit for damages under both a breach of contract action and the tort of interference with business opportunity action. Those damages would be reimbursement to the other party for all income it lost because of the violation of the no compete clause. Many no-compete contract provisions will also state other types of damages that could be recovered, such as forfeiting all income earned and paying attorneys' fees. There might also be punitive damages. Punitive damages are not a usual remedy for breach of contract cases, but they are a remedy for intentional torts as interference with a business opportunity most likely is.
Pain and suffering for medical negligence?
Presume it is possible to demonstrate your pain and suffering was considerable, and lasted for a significant period of time. There is no harm that is permanent. All and looking to similar cases and their awards, in the range of $200,000 to $250,000, your award would probably be in a state where the non-economic damages are limited to $250,000. If you're in a state where the non-economic damages are unlimited, your award would likely be more in the reach of $275,000 to $400,000 on average.
In a small claims court if the defendant wins then can the defendant claim costs for their fees that they have paid out?
as much as they like i think In the UK they can claim all expenses, the court may also award damages as compensation in some cases.
What damages are available in common law?
In common law, the primary types of damages available are compensatory damages (to compensate the injured party for losses), punitive damages (to punish the wrongdoer for egregious behavior), and nominal damages (a small token amount when no significant loss is proven). Additionally, specific types of damages may be available depending on the circumstances of the case, such as special damages (specifically quantifiable losses) or consequential damages (indirect losses resulting from the breach of contract).
What are the punishments of the copyright designs and patents act?
It varies based on the type of property and extent of the infringement, but is often based on real damages: that is, you pay the rightsholder for the lost income. The law allows significantly higher fines, including prison sentences in extreme cases, and courts are often pressured by professional societies (such as RIAA) to demand larger payouts as an object-lesson, but the majority of disagreements are settled out of court for something at least tangentially related to real damages.
What kinds of damages are covered in personal injury 2 cases?
"Compensatory damages are covered in personal injury 2 cases. This includes, medical, pain and suffering, Loss of enjoyment of life and emotional distress."
