Rightful Position
Case emphasizing restoring plaintiff as close as possible to their original position.
What is US v. Hatahley
Damages that flow naturally from a breach.
What are general damages?
Clause that sets damages ahead of time.
What is a liquidated damages clause?
Key factor: Ford choosing profits over safety in Pinto case shows this.
What is reprehensibility?
An injunction is used to do this.
What is stop or prevent conduct?
The goal of compensatory damages is to do this.
What is put the plaintiff in their rightful position?
Damages that result from special circumstances.
What are consequential damages?
What is anticipated or actual harm?
Conduct worse than negligence required for punitive damages.
What is reckless or conscious disregard (malice)?
Courts usually deny injunctions if this is available.
What is an adequate remedy at law?
Two measures of rightful position in contract law.
What are expectation and reliance?
Unlike compensatory damages, these are not to meant to make the plaintiff whole
What are punitive damages?
A plaintiff cannot recover damages that they could have reasonably avoid. This doctrine is called:
What is avoidability (or mitigation)?
These damages are awarded not to compensate the plaintiff, but to punish and deter.
What is punitive damage?
To get an injunction, the plaintiff must show more than a possibility of harm, there must be this.
What is a real or imminent threat of harm?
What is diminution in value?
If the only loss is money, consequential damages are usually limited to this.
What is interest?
Clause fails if it does not provide this.
What is a minimally adequate remedy?
Under the State Farm case, punitive damages usually must stay within this ratio.
What is a single-digit ratio?
Even if the defendant has stopped the conduct, the court may still grant relief if there is this.
What is a reasonable likelihood of recurrence?
In property damage cases, courts sometimes limit recovery to the lower measure to avoid giving the plaintiff this.
What is a windfall (or overcompensation)?
Key requirement for recovering consequential damages.
What is foreseeability at the time of contracting?
Even if damages are foreseeable, they won't be awarded unless they can be proven with this level of certainty?
What is reasonable certainty?
Punitive damages cannot punish a defendant for harming these people.
Who are non-parties?
A defendant stops the harmful conduct but could easily start again. The court will most likely do this.
What is grant an injunction?