restitution damages
Damages awarded to a plaintiff when the defendant has been unjustly enriched at the plaintiff’s expense.
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Search Results for: restitution damages
out of pocket loss
The difference between the value of what the buyer paid and the market value of what was received in return. • In breach-of-contract cases, out-of-pocket loss is used to measure restitution damages. [Cases: Fraud 59(3).]
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quantum meruit
quantum meruit (kwon-t[schwa]m mer-oo-it). [Latin “as much as he has deserved”] 1. The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship. 2. A claim or right of action for the reasonable value of services rendered. [Cases: Implied and Constructive Contracts
quare ejecit infra terminum
quare ejecit infra terminum (kwair-ee i-jee-sit in-fr[schwa] t[schwa]r-m[ schwa]-n[schwa]m), n. [Law Latin “why he ejected within the term”] Hist. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was. “For this injury the law has provided him with two remedies …
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waiver of tort
waiver of tort. The election to sue in quasi-contract to recover the defendant’s unjust benefit, instead of suing in tort to recover damages. See implied-in-law contract under CONTRACT. [Cases: Action 28. C.J.S. Actions §§ 90, 108–123.] “A person upon whom a tort has been committed and who brings an action for the benefits received by
redress
redress (ri-dresorree-dres), n. 1. Relief; remedy (money damages, as opposed to equitable relief, is the only redress available). [Cases: Damages 1, 3. C.J.S. Damages §§ 1–2, 4–7.] 2. A means of seeking relief or remedy (if the statute of limitations has run, the plaintiff is without redress). — redressable, adj. — redress (ri-dres), vb. penal
detinue
detinue (det-i-nyoo or -noo). A common-law action to recover personal property wrongfully taken by another. Cf. REPLEVIN; TROVER. [Cases: Detinue 1. C.J.S. Detinue § 1.] “A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession