ADMS 3420 Chapter Notes - Chapter 16: Initial Public Offering, Wrongful Dismissal, Damages
Document Summary
General theory of damages and absence of specific performance. Damages: an amount of money a party guilty of a contract or tort violation is ordered to pay the innocent party to compensate the person for the harm incurred. In a wrongful dismissal lawsuit, courts assess what money and benefits employees would"ve received had they worked the notice period. A court order requiring someone to perform his or her obligations under a contract is known as specific performance. In the context of wrongful dismissal of an employment contract, this remedy would mean that either the employer must re-employ a dismissed employee or the employee who quit in a manner that breached the contract must return to work. There are cases where courts won"t enforce specific performance; for example: if one of the parties wants the contract to end, the courts obviously aren"t going to force the relationship and say that the contract must continue regardless.