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Examples of usage in real property damage: Diminution In Value Appraisals used extensively by the legal and title industry in assessing damages. Elliott and Company DIV Appraisals. Courtney vs. Publix, Florida District Court of Appeal, (2d Cir.), No. 2D00-1485, 2001.FindLaw; and Kanner, Equity in Toxic Tort Litigation: Unjust Enrichment and the ...
When damages are not predetermined/assessed in advance, then the amount recoverable is said to be "at large" (to be agreed or determined by a court or tribunal in the event of breach). The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual damages later if the contract is breached.
A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers.
Neal spent $100 in reliance on the contract, which constituted Neal's reliance interest. Since reliance damages equal to the value of the reliance interest of the injured party, Matt owes Neal $100. This puts Neal in the same economic position as if the contract never happened. In a promissory estoppel context, consider the following example:
In contract [83] and tort, [84] damages will be awarded if the breach of contract (or breach of duty) causes foreseeable loss. By contrast, a fraudulent misrepresenter is liable in the common law tort of deceit for all direct consequences, whether or not the losses were foreseeable.
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property.
Uniqueness of the Property: The subject of the contract, especially in real estate transactions, must be unique to such an extent that monetary damages would not be a sufficient remedy. Irreparable Harm: The aggrieved party would suffer irreparable harm if specific performance were not granted, such as in cases where real property’s unique ...
Punitive damages are also possible, because conversion is an intentional tort. The standard remedy in a detinue action is an order that the property be returned. The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss of use of the property.
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