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User:Jukeboksi/BBA studies/Law
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== Business Negotiations and Contracts - Lesson 5 - Damages == * '''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' ( [[w:fi:vahingonkorvaus]] ) * '''damage''' ( [[w:fi:vahinko]] ) != '''[[w:damages|damages]]''' '''[[w:pecuniary|pecuniary]]''' ( money ) vs. non-monetary relief '''[[w:expectation damages|expectation damages]]''' are [[w:damages|damages]] recoverable from a [[w:breach of contract|breach]] of [[w:contract|contract]] by the non-breaching party. ::It originates from an injured party's interest in realizing the value of the expectancy that was created by the promise of the other party. ( Wikipedia ) The most common test of proximate cause under the American legal system is '''[[w:Proximate_cause#Foreseeability|foreseeability]]'''. It determines if the harm resulting from an action was reasonably able to be predicted. ( Wikipedia ) '''[[w:General damages|General damages]]''', sometimes styled [[w:hedonic damages|hedonic damages]], compensate the claimant for the non-monetary aspects of the specific harm suffered. ( Wikipedia ) * In [[w:contract law|contract law]], '''rescission''' ( [[w:fi:purkaminen]] ) ( verb [[w:rescind|rescind]] ( purkaa )) has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''[[w:status quo|status quo]] ante''). ( Wikipedia ) '''[[w:Status quo ante|Status quo ante]]''' is [[w:Latin|Latin]] for "the way things were before" and incorporates the term [[w:status quo|status quo]]. ( Wikipedia ) The law of '''[[w:restitution|restitution]]''' is the law of gains-based recovery. It is to be contrasted with the '''[[w:damages|law of compensation|]]''' , which is the law of loss-based recovery. ( Wikipedia ) In [[w:criminal law|criminal law]], '''[[w:fraud|fraud]]''' ( [[w:fi:Petos]] ) is [[w:Intent (law)|intentional]] ( [[w:fi:tahallisuus]] ) [[w:deception|deception]] made for personal gain or to damage another individual; the related adjective is '''fraudulent''', and verb is '''defraud''' ( Wikipedia ) ----
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