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7 Cards in this Set
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what can the buyer sue for when he accepts non-conforming goods |
Breach of warranty (value as warranted - value as accepted) + (CD/ID - ($Saved) = Expectation Damages |
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reliance damages |
-alternative to expectation damages in K -P's can be awarded $ damages based on reliance interest -includes expenses in preparation for performing the K & expenses performing the K / Compensatory damages preferred, unless: -P cannot prove profits -evidence shows the P would have lost profits on the K -P has problem w/ substantive part of claim -public policy -can't prove reas. expect. damages w/ reas. certainty |
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nominal damages in K |
-alternative to expectation damages in K or tort -P's established other elements of the cause of action but cannot show great harm or loss - ----available because can give P a declaratory judgment or entitle the P to litigation costs, if part of the cause of action |
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Damages generally available |
N- nominal damages P- punitive damages R- reliance damages . R- restitution damages L- liquidated damages C- compensatory damages |
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Compensatory Damages in Tort |
P- pain and suffering (not available if dead) H- hedonic loss (enjoyment in life) L- loss of income (present and future) E- emotional distress (phys. injur. / intent. conduct) M- medical expenses (past, present, future) . *goal in tort is retrospective |
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Liquidated Damages |
def: damages agreed upon by the parties in the formation of the K . -must be reasonable in the anticipated loss at the time of the K or actual loss from breach -courts won't enforce specific performance *exception for agreement to arbitrate |
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consequential damages / / incidental damages |
def: any damages that naturally result from the seller's breach / / def: costs leading up to the breach in reliance on the contract / ***damages leading up to and naturally resulting from the breach can be discussed together as "consequential/incidental" damage |
