Remedy 1
What sort of damages does not depend on foreseeability?
General/actual damages
What is another name for liquidated damages?
Stipulated damages
What is another name for expectation damages?
Benefit of the bargain damages
What is another name for special damages
Consequential damages
What is another name for punitive damages?
Exemplary damages
What is the term for damages which are not money?
Non-monetary relief
What form of damages compels the breaching party to give up any money obtained under the breached contract?
Restitution damages
What sort of damages might be awarded in the event of a reprehensible act?
Punitive or exemplary damages
When are liquidated damages agreed?
At the time of entering into the contract
What type of damages is likely to be awarded if a party completely fails to perform its obligations
Restitution damages
What do special or consequential damages hinge on?
Foreseeability
What normally accompanies a breach of contract in order for punitive damages to be awarded?
Tort
What form of damages returns the non-breaching party to the status quo ante?
Reliance damages
When there is a breach of contract, what terms are used to describe the two parties?
The breaching party and the non-breaching party
What four rights are mentioned in the context of sale of goods legislation?
Right to reject goods, right to return goods, right to demand repair, and right to demand replacement
What is the general name for damages and other rights resulting from a breach of contract?
Remedies
What right might a non-breaching party have in the event of default by the other party?
The right to rescind or cancel the contract
What is the basic remedy for breach of contract in the Anglo-American system?
What is the name for damages for the loss of benefits that would have been received?
Expectation damages (or 'benefit of the bargain' damages)
What might a court order if monetary damages would not be an adequate remedy?
Specific performance
A buyer contracts to purchase a house for €300,000, but the seller breaches the contract and sells it to someone else for €320,000. The buyer is awarded €20,000 to make up for the difference in price they would have paid. What type of damages is that?
Expectation/Benefit of the bargain damages
A service contract specifies that the penalty for a late delivery is €10,000. The court upholds this pre-agreed amount after the supplier breaches the contract. What type of damages is that?
Liquidated/Stipulated damages
A business spends €15,000 in preparation for a project that is later cancelled by the other party. The business is awarded the €15,000 it spent to prepare, even though no profits were lost. What type of damages is that?
Reliance damages
A supplier’s delay causes the buyer to miss an important sales opportunity, and the buyer is awarded €100,000 for the lost profit and business reputation damage. What type of damages is that?
Special/Consequential damages
A company deliberately infringes on a competitor’s trademark, causing severe reputational harm. The court awards €200,000 to punish the company for its actions and to deter future violations. What type of damages is that?
Punitive/Exemplary damages