Remedies: Damages & Equitable Relief

What is the standard measure of compensatory damages in contract law?

Expectation damages, which aim to put the non-breaching party in the position they would have been in had the contract been fully performed.

What type of damages are awarded when a plaintiff establishes a breach of contract but cannot prove actual financial loss?

Nominal damages, which are a trivial sum (often $1) awarded to recognize that a legal wrong occurred despite the lack of actual financial loss.

What is the fundamental prerequisite for a court to grant an equitable remedy?

The plaintiff must show that the legal remedy (monetary damages) is inadequate to compensate for the harm.

Are punitive damages generally available for a standard breach of contract?

No, punitive damages are generally not available for breach of contract unless the breach also constitutes an independent tort (e.g., fraud).

For what type of contract is specific performance almost always granted due to the subject matter's inherent uniqueness?

Contracts for the sale of real estate, because land is legally considered unique and monetary damages are therefore inadequate.

What term describes the reasonable expenses incurred by a non-breaching party in responding to a breach, such as costs to inspect, transport, or store rejected goods?

Incidental damages.

Under the rule of Hadley v. Baxendale, what two requirements must be met to recover consequential damages?

Consequential damages must be a foreseeable result of the breach at the time of contract formation, and they must be proven with reasonable certainty.

When are reliance damages typically awarded instead of expectation damages?

Reliance damages are awarded when expectation damages are too speculative or uncertain to prove, aiming to put the plaintiff back in the position they were in before the contract was made.

How does the 'duty to mitigate' affect a plaintiff's recovery of damages in a breach of contract case?

The plaintiff cannot recover damages for losses that they could have reasonably avoided after the breach occurred.

What four elements must a plaintiff typically show to obtain a preliminary injunction?

(1) Likelihood of success on the merits, (2) irreparable harm if denied, (3) balance of hardships favors the plaintiff, and (4) the injunction is in the public interest.