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Remedies
Midterm Exam
Term | Definition |
---|---|
Compensatory Remedies | Designed to compensate plaintiffs for harm they have suffered; to put wronged party in their rightful position; Entitled to the fair market value of loss at the time of the loss. |
Preventative Remedies | Either Coercive or Declaratory |
Coercive Remedies | Injunction; a personal command from a court to a litigant ordering them to do or refrain from doing some specific thing |
Declaratory Remedies | The court is asked to declare the rights of the parties |
Restitutionary Remedies | Rather than looking at what P lost, looks to what D gained |
Punitive Remedies | Designed to punish and deter wrongdoing |
Ancillary Remedies | Court Costs and attorneys' fees |
Substitutionary Remedies | General idea is that you substitute $$ because you cannot fix what happened |
Specific Remedies | Example would be a plaintiff seeking an expensive necklace to be returned to them after it was wrongfully given to a person |
Legal Remedies | $$$ damages after wrongdoing has already occurred. |
Equitable Remedies | Designed to prevent wrongdoing; are court orders |