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Damages for breach of contract should only be awarded where they arise naturally from the contractis known as?
Wiki User
∙ 9y ago
Damages for breach of contract should only be awarded where they arise naturally from the contract are known as compensatory damages. This is what will compensate the aggrieved party to the contract.
Wiki User
∙ 9y ago
This principle is known as the rule of foreseeability or the principle of direct damages. It states that damages for breach of contract should only be awarded if they are the direct and foreseeable result of the breach. Indirect or consequential damages that are not a natural consequence of the breach are generally not recoverable.
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What is the equitable remedy of Specific Performance?
Specific performance is a legal remedy in which a court orders a party to perform a specific act, usually related to a contract. It is typically used when monetary damages are inadequate to fully compensate the injured party, and the subject matter of the contract is unique, such as real estate. This remedy is discretionary and may be granted if the court determines it is appropriate under the circumstances.
When are punitive damages awarded in court?
Punitive damages are typically awarded in court cases when the defendant's actions are deemed intentional, malicious, or grossly negligent, causing harm to the plaintiff. These damages are meant to punish the defendant for their misconduct and deter similar behavior in the future.
How do you use compensatory damages in a sentence?
The plaintiff was awarded compensatory damages to cover their medical expenses and lost wages resulting from the defendant's negligence in a car accident.
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.
What are the remedies in tort?
Remedies in tort law typically involve compensation for the injured party. Common remedies include monetary damages to compensate for the harm suffered (compensatory damages), punitive damages to punish the wrongdoer, and injunctive relief to stop certain behavior or actions. The specific remedy awarded will depend on the nature of the harm and the circumstances of the case.
What is Punitive damages and what is consequential damages?
punitive damages are costs awarded to a party to punish the offending party, usually meant to discourage certain behaviour. Consequential damages are damages that attempt to rectify a cost of an innocent party when a breach has occurred in contract.
What is the equitable remedy of Specific Performance?
Specific performance is a legal remedy in which a court orders a party to perform a specific act, usually related to a contract. It is typically used when monetary damages are inadequate to fully compensate the injured party, and the subject matter of the contract is unique, such as real estate. This remedy is discretionary and may be granted if the court determines it is appropriate under the circumstances.
What type of damages are rarely awarded in negligence cases?
Punitive Damages
In which instances might exemplary damages be awarded?
Exemplary Damages are often referred to as punitive damages in legal terms. Such damages are awarded to the Plaintiff when the Defendant has acted in a negligent manner. This can be physical bodily harm, mental harm and or property damage. A judge can award damages beyond the cost to replace the damaged item.
What is monetary compensation awarded by a court of law called?
Damages
What is an additur?
An additur is an augmentation by a judge of damages awarded by a jury.
Does a brain injury attorney get part of the damages awarded?
usually a lawyer will only take the money that they charge just be be your lawyer and the hourly cost unless it is stated in the contract that the lawyer will recieve a percentage of the money.
Can you get punitive and compensatory damages awarded from a wrongful termination lawsuit?
You theoretically can but you probably won't. Punitive damages are rare and require an extreme situation.
In legal terms what are exemplary damages?
Exemplary damages, also known as punitive damages, are additional compensation awarded to the plaintiff in a civil lawsuit to punish the defendant for egregious behavior and to deter future similar conduct. They are meant to go beyond simply compensating the plaintiff for losses suffered and to act as a form of punishment.
Can husband repay for pain and suffing?
Yes, you can get money for that. But you have to win a lawsuit and be awarded damages.
Is the amount of damages awarded May be based on how much patient contributed to injury?
yes
What are Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future?
Punitive damages are monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
