Equitable Remedy

Award that is non-monetary and involves court orders; see Case in Equity and Chancery

Parallel Litigation

Single dispute results in cases in more than one state or in both state and federal courts

Consequential Damages

Losses that do not flow directly and immediately from an injurious act

Laches

Injured party delays in seeking remedy in a way that is unfair to the other party

Privity

Being a party to the contract

Case at law

A case requesting damages (money)

Nominal Damages

Minimal amount of damages awarded, even if no financial loss resulted from the breach or if the loss cannot be proven with reasonable certainty

Replevin

Recovery of property from one who is wrongfully in possession

Costs

Examples include filing fees, fees for service of process and similar charges incurred in litigation

Incidental Damages

Losses reasonably associated with or related to actual damages; indirect damages

Discovery

Pre-trial investigation of facts by questioning, inspection, etc.

Election of Remedies

Injured party’s choice between remedies available for a single actionable occurrence

Unique Property

An item that is not readily available from other sources

Liquidated Damages

Damages agreed to in advance of breach, in the contract itself

Strict Liability

Liability regardless of fault

Neutral

A third party in ADR, mediator or arbitrator

Cover

Buyer obtains substitute goods

Alternative Dispute Resolution

To settle a dispute other than by litigation, including arbitration and mediation

Fee Recovery

An award of attorney’s fees; also called Fee Reversal

Specific Performance

Court order requiring a party to perform contract obligations

Injunction

Court order requiring or prohibiting specific actions

Court-annexed ADR

Use of the court system’s own mediators or arbitrators before going to trial

Restitution

Return of, restoration of, or compensation for

Choice of Law

Contract language that defines which state’s law will apply in case of litigation

Reliance Damages

Damages awarded for losses incurred by plaintiff in reliance on the contract; puts party in position that would have been occupied if the contract had not been made

Mediation

Neutral helps parties understand each others’ positions and may suggest solutions, but agreement ultimately comes from the parties

Compensatory Damages

Damages intended to put non-breaching parties in the position they would have occupied if the contract had been fully performed

Expectation Damages

Damages intended to put non-breaching parties in the position they would have occupied if the contract had been fully performed; Compensatory Damages

Fee Reversal

An award of attorney’s fees; also called Fee Recovery

Reformation

Rewriting contact; also called Blue-Penciling

Present worth doctrine

The value, in “today’s money” of payments to be made in the future

Notice of Claims Provision

Contract language requiring one party to give the other party written notice a specified time before filing suit

Chancery

A chancery court can order acts performed

Franchise

Contract granting the right to operate under a brand name

Binding Arbitration

Parties give up the right to challenge arbitration result in court

Special Damages

Losses that do not flow directly and immediately from an injurious act, but are indirect; see Consequential Damages

Damages

Award of money; also called Legal Remedy

Jurisdiction

Area within which judicial authority may be exercised

Arbitration

A neutral hears both positions and imposes a decision

Case in equity

Courts can issue orders based on fairness; see Equitable Remedy

e-discovery

Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs

Legal Remedy

Award of money; also called Damages