11.1.11 Damages are a type of damages that may be recoverable in the event of a breach of contract. These damages are also known as liquidated damages or penalty damages and are typically stated in the contract to be due to the non-breaching party if the breaching party fails to meet their contractual obligations. 11.1.11 Damages can come in two forms, compensatory damages and punitive damages. Compensatory damages are designed to make the non-breaching party whole again and the amount awarded is based on the actual losses incurred. Punitive damages, on the other hand, are intended to punish the breaching party and are not based on actual losses.
11.1.11 Damages
State:
Multi-State
Control #:
US-JURY-7THCIR-11-1-11
Format:
Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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Elements of Unclean Hands Defense Has the party in question not performed under the terms of the contract? Has the party in question engaged in any fraudulent act? Has the party in question lied with regard to the contract? Has the party in question coerced or otherwise forced you into a contract?
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party's claim.
"The unclean hands doctrine demands that a plaintiff act fairly in the matter for which he seeks a remedy. He must come into court with clean hands, and keep them clean, or he will be denied relief, regardless of the merits of his claim." (Kendall-Jackson Winery, Ltd.
There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.
An example would be a car accident in which the defendant has been ordered to pay the plaintiff a certain amount of money in order to compensate her for any medical bills or missed wages caused by the crash. An equitable claim asks the court to order a person to do or not do a particular act.