Utah Code 13-12-7. Equitable relief — Attorney fees and costs — Action for failure to renew — Damages limited
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(1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person may bring an action regarding a violation of this chapter in the county where the dealer resides or the dealership was to be established if the person brings the action in the district court.
Terms Used In Utah Code 13-12-7
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Venue: The geographical location in which a case is tried.
(2) In addition to such relief as may be available at common law, the court may grant such equitable relief, both interim and final, as may be necessary to remedy those violations including declaratory judgments, injunctive relief, and punitive damages as well as actual damages.(3) The prevailing party may, in the court’s sole discretion, be awarded attorney fees and expert witness fees in addition to such other relief as the court may deem equitable.(4) In any action for failure to renew an agreement, damages shall be limited to actual damages, including the value of the dealer’s equity in the dealership, together with reasonable attorney fees and costs.