Expectation Damages
Expectation Damages are awarded to put the plaintiff in the position they would have been in if the contract had been performed as expected, without fraud. For the Jaguars baseball, Perry could have received 5,000 on the open market but was misled into selling it for 20, resulting in a loss of 4,980. For the Sluggers baseball, Denise sold it for 10,000 but misled Perry into accepting only 2,000, resulting in an 8,000 loss. Therefore, the total expectation damages amount to $12,980.
Reliance Damages
Reliance Damages compensate for expenses the plaintiff incurred based on the defendant's promise, essentially treating the situation as if the contract had never been made. In this scenario, there is no indication of any reliance expenses incurred by Perry that would justify reliance damages.
Consequential Damages
Consequential Damages damages cover losses caused by the defendant’s wrongful conduct that were a foreseeable result of the breach. In this case, the expectation damages adequately compensate Perry for his financial losses, thus obviating the need for consequential damages.
Incidental Damages
Incidental Damages cover additional costs incurred directly because of the breach, such as costs related to sales and advertisements. There is no evidence of incidental damages in this scenario.
Liquidated Damages
Liquidated Damages are pre-agreed damages specified in the contract for breach. There is no mention of such damages in the contract between Perry and Denise.
Punitive Damages
Although contracts generally do not warrant punitive damages, fraud cases like this one might. However, courts typically exercise caution in awarding punitive damages in contract disputes, and more information about state-specific laws and court inclinations would further influence this discussion.
Nominal Damages
Given the significant expectation damages available, Perry has no need to pursue nominal damages, which are symbolic amounts awarded when a legal wrong has occurred without a corresponding loss.
Conclusion
Generally, the damages a plaintiff can claim include either expectation or reliance damages, along with consequential and incidental damages, less any avoidable losses.
Here, Perry is entitled to recover $12,980 in expectation damages, representing the difference between what he received and what he should have received for the baseballs, absent Denise's fraud.
Replevin
Replevin allows the recovery of specific personal property and is available if (1) the defendant is wrongfully withholding personal property, (2) that the plaintiff has a right to possess.
Replevin would allow Perry to recover possession of the Jaguars baseball directly. Since Denise still has the Jaguars baseball, replevin could be a straightforward remedy to address his loss related to that item.
Equitable Lien
An equitable lien is available if a defendant: (1) wrongfully acquired title to property, and (2) would be unjustly enriched if allowed to keep the property.
Perry could seek an equitable lien on the Voy car to secure payment of the $8,000 he was defrauded of in the sale of the Sluggers baseball. However, it would only cover the direct loss amount, not any increased value.
Constructive Trust
A constructive trust is an equitable remedy used to prevent unjust enrichment resulting from wrongful conduct, which in this case, is fraud.
This remedy could be applied to the Voy car, given Denise's fraud in using the proceeds from the Sluggers baseball to purchase the car. A constructive trust would treat Denise as if she were holding the car in trust for Perry, allowing him to claim actual ownership of the vehicle. This is particularly advantageous here due to the car's appreciation in value.
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