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TORTS CH 8
| Question | Answer |
|---|---|
| RELIEF FROM DISTRESS; COMPENSATION FOR A LOSS OR INJURY | REDRESS |
| INTENDED AS A REMEDY | REMEDIAL |
| CONSISTING OF MONEY OR THAT WHICH CAN BE VALUE IN MONEY | PECUNIARY |
| A PAYMENT TO MAKE UP FOR A WRONG COMMITTED AND RETURN THE NONBREACHING PARTY TO A POSITION WHERE THE EFFECT OR THE BREACH HAS BEEN NEUTRALIZED | COMPENSATORY DAMAGES |
| DAMAGE TO ONE'S ABILITY TO EARN WAGES IN THE FUTURE AND RECOVERABLE AS AN ELEMENT OF DAMAGE IN TORT ACTIONS | LOSS OF EARNING CAPACITY |
| THOSE THAT NORMALLY WOULD BE ANTICIPATED IN A SIMILAR ACTION | GENERAL DAMAGES |
| DAMAGES THAT ARISE NATURALLY OR ORDINARILY FROM AN INJURY, BREACH OF CONTRACT OR BREACH OF DUTY | DIRECT DAMAGES |
| THOSE DAMAGES INCURRED BEYOND AND IN ADDITION TO THE GENERAL DAMAGES SUFFERED AND EXPECTED IN SIMILAR CASES | SPECIAL DAMAGES |
| DAMAGES RESULTING FROM THE BREACH THAT ARE NATURAL AND FORESEEABLE RESULTS OF THE BREACHING PARTY'S ACTIONS | CONSEQUENTIAL DAMAGES |
| DAMAGES AWARDED IN SOME JURISDICTIONS FOR THE LOSS OF ENJOYMENT OF LIFE | HEDONIC DAMAGES |
| A SMALL AMOUNT OF MONEY GIVEN TO A NONBREACHING PARTY AS A TOKEN AWARD TO ACKNOWLEDGE THE FACT OF THE BREACH | NOMINAL DAMAGES |
| AN AMOUNT OF MONEY AGREED UPON IN THE ORIGINAL CONTRACT AS A REASONABLE ESTIMATION OF THE DAMAGES TO BE RECOVERED BY THE NONBREACHING PARTY. THIS AMOUNT IS SET FORTH IN THE CONTRACT SO THE PARTIES HAVE A CLEAR IDEA OF THE RISK OF BREACH | LIQUIDATED DAMAGES |
| THE AMOUNT THAT A WILLING BUYER WOULD PAY FOR AN ITEM THAT A WILLING SELLER WOULD ACCEPT | FAIR MARKET VALUE |
| A CLAIM FLIED, MADE BY THE PLAINTIFF'S SPOUSE, FOR THE LOSS OF COMPANIONSHIP IN MARRIAGE CAUSED BY THE INJURIES | LOSS OF CONSORTIUM |
| AN AMOUNT OF MONEY AWARDED TO A NONBREACHING PARTY THAT IS NOT BASED ON THE ACTUAL LOSSES INCURRED BY THAT PARTY, BUT AS A PUNISHMENT TO THE BREACHING PARTY FOR THE COMMISSION OF AN INTENTIONAL WRONG | PUNITIVE DAMAGES |
| A LAWSUIT INVOLVING A LARGE GROUP OF PLAINTIFFS WHO HAVE BEEN CERTIFIED BY A COURT AS HAVING MUTUAL INTERESTS, COMMON CLAIMS, AND A REPRESENTATIVE PLAINTIFF WHO WILL PURSUE THE ACTION ON THE BASIS OF THE ENTIRE GROUP | CLASS ACTION |
| TO LESSEN IN INTENSITY OR AMOUNT | MITIGATE |
| TWO OR MORE PERSONS JOINTLY OR SEVERALLY LIABLE IN TORT FOR THE SAME INJURY TO THE PLAINTIFF OR THE PLAINTIFF'S PROPERTY | JOINT TORTFEASORS |
| SHARED RESPONSIBILITY, APPORTIONED BETWEEN ALL OF THE DEFENDANTS, BUT IN NO CASE CAN THE PLAINTIFF RECOVER MORE THAN 100 PERCENT OF THE DAMAGES AWARDED | JOINT AND SEVERAL LIABILITY |
| A DISCHARGE FROM THE PARTIES' PERFORMANCE OBLIGATIONS THAT ACKNOWLEDGES THE DISPUTE BUT FORGOES CONTRACTUAL REMEDIES | RELEASE |
| A RECOMPENSE OR PAYMENT; COMPENSATION | CONSIDERATION |
| THE PROMISE UPON WHICH THE CONTRACT RESTS | COVENANT |
| PAYMENT OF A SHARE OF AN AMOUNT FOR WHICH ONE IS LIABLE AS A SHARED PAYMENT OF A JUDGEMENT BY JOINT TORTFEASORS, ESPECIALLY ACCORDING TO PROPORTIONAL FAULT | CONTRIBUTION |
| COMPENSATION FOR DAMAGE, LOSS, OR INJURY SUFFERED | INDEMNITY |
| THE RIGHT TO SUE IN THE NAME OF ANOTHER | SUBROGATION |
Created by:
thesbaum
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