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 […]
lost profits. 1. Contracts. A measure of damages that allows a seller to collect the profits that would have been made on the sale if the buyer had not breached. UCC § 2-708(2). [Cases: Damages 40; Sales 384(1). C.J.S. Damages §§ 58–61; Sales§§ 363, 365–366.] 2. Patents. A measure of damages set by estimating the
The joinder of alternative claims, such as breach of contract and quantum meruit, or of one claim with another prospective claim, such as a creditor’s claim against a debtor to recover on a loan and the creditor’s claim against a third party to set aside the transfer of the loan’s collateral. [Cases: Action 43; Federal
joinder of remedies Read More »