kind or very rare. Unless clause makes it clear that it is the sole remedy. Test (same as above) Irreparable injury Likelihood of success on the merits. No new business Medical Expenses Non-economic damages (general damages) Certainty rules do not apply Pain and suffering etc (dont require certainty. Usually torts, property or contracts. Personal significance to Buyer.
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Exception if non-mistaken party knows or should know of the mistake. Balancing of hardships Ps benefit. Unavoidability/Duty to essay on artificial intelligence in computers Mitigate P must make reasonable effort to mitigate; (damages limited to those that could not reasonably have been avoided) Nominal Awarded when no actual injury to vindicate Ps rights. Preliminary Injunction Requirements Irreparable injury P will suffer irreparable harm if have to await trial. Laches Non-defenses Negligence of plaintiff SOF The Parol Evidence Rule. Clock starts when P knows of injury. Special sellers rule: S of land can get SP even though all they have coming is (i.e. Foreseeability at the time of the act (proximate cause).