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There are three different measures of damages that can be recovered on a breach of contract. First, the contract law might protect 'the expectation interest'. Secondly, the interest protected is 'the reliance interest'. Thirdly, 'the restitution interest' is protected.
Were a court to recognize such an interest, it could be thought of as the victim's expected utility defined over potential states of health. 1 However, not all interests are protected interests. In many instances, tort law does not recognize an object of human desire as a protected property interest.
Overview. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts.
Legally Protected Interest Law and Legal Definition. Legally protected interest is defined as something more than an economic interest. It is one which the substantive law recognizes as belonging to or being owned by the applicant.
The main remedy against tortious loss is compensation in damages or money. In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser. This is a defense against the tort of battery.
Tort lawsuits are the biggest category of civil litigation, and can encompass a wide range of personal injury cases — however, there are three main types: intentional torts, negligence, and strict liability.
A distinct difference between contract and tort laws lies in the issue of consent. Each party must consent to the contract and its outcomes. In tort law, the interaction between the parties is not based on consent. Usually, torts occur by the intrusion of one party to another that results in some type of harm.
Definition. A non-breaching party's claim for being placed in a position similar to the one he would have been in if the breach had not occurred, such as through the recovery of out-of-pocked expenses.
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