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Commercial Law
CHAPTER 10 Vocab
12
Law
Graduate
11/06/2012

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Term
Legal remedy
Definition
Money awarded to a party for the loss suffered as a result of another Preston's failure to perform a duty.
Term
Equitable remedy
Definition
Where there is no suitable remedy at the law the law will provide special relief related to particular circumstances.
Term
Compensatory damages
Definition
Money equal to the actual loss sustained by the party due to the non-performance by another party. It is the monetary amount to compensate a person due to the breach of the other party.
Term
Expectation
Definition
Is a calculation where we are putting a non-breaching party where he would have been if the other party had performed.
Term
Reliance
Definition
Reliance is available when you can't do expectation measure of damages; this makes the non breaching party whole since the court cannot measure what full performance would have been.
Term
Mitigate
Definition
One has to stop the losses from piling up.
Term
Consequential damages
Definition
The court may allow additional damages to the non-breaching party for any losses that a reasonable person would have foreseen.
Term
Restitution
Definition
Compensation to the claimant for the benefit conferred on the breaching party.
Term
Specific performance
Definition
A remedy in which the court orders the party to a contract to perform; unique subject matter.
Term
Injunction (enjoin)
Definition
A remedy ordered by the court to stop performing
Term
Liquidated damages
Definition
A contract provision which estimates and sets the dollar amount of damages in the event of a breach.
Term
Nominal damages
Definition
In name only; $1, a penny. A token amount awarded to the non-breaching party where there is a breach of the K, but no one is damaged.
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