In this assignment, you will appraise differences among civil remedies. When a c

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In this assignment, you will appraise differences among civil remedies. When a c

In this assignment, you will appraise differences among civil remedies. When a civil suit is filed, remedies the plaintiff is seeking fall into two categories: remedies at law and remedies in equity. When a suit is seeking money, a suit at law is filed. When a suit is seeking a remedy other than money, a suit in equity is filed. Money will adequately address tort and breach of contract damages in most cases; however, there are some matters that money will not fix. In these cases, equity is used. Major equitable remedies are injunctions and specific performance. Injunctions are of two types: mandatory injunctions are court orders that order someone to do something. Prohibitory injunctions are court orders that order someone to stop doing something. Specific performance is a civil remedy that only applies in breach of contracts cases. An example of specific performance involves a contract between a buyer and a seller to buy/sell a house. If the contract is valid and the seller refuses to sell the house, the buyer can sue in equity to request that the court issue an order for specific performance (an order the makes the seller sell that exact house per the terms of the contract). Specific performance only works with unique items. Since all land is unique because it has a unique location in the world, equity is a remedy for the buyer when the seller refuses to sell after a valid contract has been signed. As to remedies, there are various types of money damages: consequential damages, compensatory damages, and/or punitive damages. Punitive damages are common in torts cases but are almost unheard of in contracts cases. Punitive damages are designed to punish the wrongdoer. Compensatory damages are designed to place the plaintiff in the position that they would have been in had the tort not happened. An example of compensatory damages in a negligence case would be a car wreck when someone hit your car from behind and caused $1,000 in damages. When you collect the $1,000 from their insurance; those are compensatory damages, as those damages are to put your car, as near as possible, in the condition it was in before the accident. Punitive damages are generally awarded only in torts cases and only when the defendant’s conduct is outrageous. Sometimes there will be torts and breaches of contracts in the same case, so damages may vary significantly.

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