Type of Damage Compensatory Damages
Consequential Damages
General Damages Special damages Incidental damage
Contract Placing the P in the position as if the K had been fully performed. Methods: reliance, expectancy, restitution General damages, incidentail damages , special damages Benefit of bargain, value of express promise Economic loss caused by breech Reasonable expenses relating to the breach.
Tort Putting P in his rightful position. Methods: FMV, Loss of Use
General damages, special damages Pain and suffering Out of pocket expenses None. Covered in special damages.
General
Criminal Contempt Punish, looks backward
Who seeks Collateral Bar Rights Damages Limitations
State Yes All criminal rights (jury, burden, etc.) To state Unconst. If more than 6 months in jail or larger than 500$ fine without jury trial Can’t be punished twice for same offense. Must be a willful violation.
Comp. Civil Cont. Compensate P for damages because D obeyed court order. P lawyer No
Civil Contempt Tries to make you do something P’s lawyer No
To P, no jail time. No jury right. Rejected by several states including CA
Fees go to state 18 months is maximum jail time. If D can’t comply, order must stop Judge can still use criminal contempt. Does not have to willful violation. It can bee accident.
Law Monetary Damages Replevin ejectment Quasi K in K
Equity Injunctions Specific performance Constructive trust Subrogation
Restitution w/ recession Recession Profits from fraud