How do you respond to this forum discussion and make it engaging for students 3. Punitive damages:
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How do you respond to this forum discussion and make it engaging for students
3. Punitive damages: These damages are meant to punish the breaching party for particularly egregious behavior and deter others from engaging in similar conduct. However, punitive damages are not typically awarded in contract cases, as they are more commonly associated with tort law.
4. Nominal damages: These are very minimal damages that are awarded when a breach of contract has occurred, but the injured party has not suffered any significant harm or financial loss. It is usually a small amount, such as $1, and serves as an acknowledgment of the breach.
Specific performance, as a remedy, is granted by a court when monetary compensation would not be sufficient to adequately address the harm caused by the breach of contract. It is typically used in cases involving unique items or contracts where the subject matter is considered extraordinary or rare. For example, if a famous artwork was contracted to be sold to a buyer, but the seller breaches the contract, the court may grant specific performance to force the seller to fulfill the contract and deliver the artwork.
Contracts can limit remedies through various provisions, such as limitation of liability clauses or liquidated damages clauses. Limitation of liability clauses allocate the risk of certain types of damages between the parties by specifying a maximum amount that can be recovered. On the other hand, liquidated damages clauses establish in advance the amount of damages that will be awarded in the event of a breach, which helps avoid the need for extensive litigation to determine the appropriate amount of compensation. However, it's worth noting that courts may scrutinize these clauses and ensure they are reasonable and not unconscionable.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts