1) General

Question 1

remedies: kinds to consider: mnemonic

Answer 1

Discuss
Remedies
Excitedly

Question 2

remedies: kinds to consider: list

Answer 2

• in this order*
  1) damages
  2) restitution
  3) equity

Question 3

tort damages: purpose

Answer 3

1) compensation – put P back in position he was in before the tort
2) deterrence + punishment

Question 4

categories of damages

Answer 4

1) compensatory
2) nominal
3) punitive

Question 5

compensatory damages: purpose

Answer 5

compensate P for losses suffered as a result of the tort

Question 6

compensatory damages: concerns

Answer 6

1) foreseeable
2) certain
3) unavoidable

Question 7

foreseeable–how handled in tort

Answer 7

usu through causation

Question 8

certainty – how handled in tort

Answer 8

flexible compared to k-law –> ok flexible bc hard to determine, + public policy interest in compensating at expense of wrongdoer

just need “some justification” for award

Question 9

unavoidable – how handled in tort

Answer 9

P must take reasonable efforts to mitigate, and if does not, damages taht could have been avoided through reasonable mitigation are not recoverable

–also $$ that P spends to mitigate will be recoverable from D

Question 10

general damages: def

Answer 10

naturally flow from D’s act

Question 11

general damages: rule

Answer 11

presumed, dnn to be pleaded by P

Question 12

special damages: def

Answer 12

other damages arising from D’s harm (beyond what would be generaly presumed)

Question 13

special damages; rule

Answer 13

must be separately pleaded + proven

ex. lost wages where it’s a bit attenuated

Question 14

PI categories of damages

Answer 14

1) pain + suffering
2) reputation
3) privacy

Question 15

property – standard measure of damages

Answer 15

1) diminution of value, OR
2) cost of repair + loss of use (during repair time)

whichever is less!

Question 16

property is DESTROYED – standard measure of damages

Answer 16

market value of destroyed item, OR

replacement value less depreciation

Question 17

conversion - -general remedy

Answer 17

forced sale of the item (D has to pay for it, but gets to keep it)

Question 18

trespass to chattels – general remedy

Answer 18

repair value (if damaged) or rental value (for period of dispossession)

Question 19

real property – standard measure of damages

Answer 19

diminution of value OR
cost to repair + loss of use

whichever is less

Question 20

trespass: standard damages

Answer 20

nominal

• -unless damage to the land, then can recover for that
• -or unless outster (where P can’t use his land) – can get rental value

Question 21

torts – harm to economic interest: rule

Answer 21

MUST tack to PI or property damage – NO recovery for pure economic loss!

Question 22

torts – harm to economic interests – exception

Answer 22

fraud –> pure economic loss CAN be awarded

Question 23

fraud: theories to determine amt:

Answer 23

1) benefit of the bargain (maj)

2) out of pocket (min)

Question 24

fraud: benefit of the bargain: rule

Answer 24

majority
value of what P thought receiving
minus
what actually received

Question 25

fraud: out of pocket: rule

Answer 25

minority | contract price vs value of what P actually received

Question 26

compensatory vs nominal damages

Answer 26

one at a time, never both!

Question 27

nominal damages: def

Answer 27

can still get if tort occurs w/o damage CAN be sufficient basis for awarding punis

Question 28

punis: def

Answer 28

need egregious (willful, wanton, malicious) MR must be intentional or reckless not just negligence goal: deter, punish

Question 29

punis: rule

Answer 29

P never ENTITLED, but may receive w compensatory or nominal

Question 30

collateral source rule

Answer 30

if P gets benefits from a collateral source, not deducted from amt D owes unless arises from D's COA