Application of Remedies to Certain Torts Flashcards
Misappropriation of Money
Damages – Identifiable damages
Restitutionary Remedies – Quasi K (unjust enrichment); constructive trust; equitable lien
Destruction of Chattels
Value of chattel at the time it was destroyed, less salvage, plus interest
Restitutionary measures
Injury to chattels
Measured by either diminution in value or cost of repair, plus loss of use
Restitutionary measures
Conversion
Usually market value at time of conversion, plus interest and expenditures in pursuit of property
Exceptions: if chattel’s value fluctuates, go with highest value between time of wrong and reasonable time to cover
NO DUTY TO MITIGATE BY ACCEPTING THE CHATTEL, can force converter to purchase
Simple Trespass
when no actual injury.
Nominal damages, injunction to avoid multiplicity, and maybe restitutionary
Trespass causing severance
Damages measured as diminution in value of land, or P can elect conversion
Also available: replevin, restitutionary damages, injunction (land is unique)
Trespass causing other injury
Damages measured as cost of removing an obstruction or rental value of land
Mandatory injunction available if $ inadequate (e.g. P burdened by removing debris)
Encroachments
Damages: if classified as a continuing trespass. Measured as rental value of occupied land. If permanent trespass, MV of the occupied land.
Ejectment available but very difficult to enforce on encroachments
Injunction: land unique thus may be inadequate. But hardships may weigh in D’s favor
Interference with Easements
If easement is destroyed, P recovers diminution in value of land
If merely interfered with, cost of restoration plus loss of use
injunctive relief is possible (land is unique)
Voluntary Waste
Diminution in value of land or cost of repair. Injunction also appropriate
Permissive Waste
P can recover cost of repair, but courts are reluctant to grant injunctive relief due to supervision problems
Ameliorative Waste
Damages not available b/c no loss in value; usually, injunction available only if D is a short-term tenant
Nuisance
Damages: loss of use and enjoyment, costs of abatement, emotional distress. Future damages usually denied.
Injunction: usually in negative form (maybe no balancing b/c intentional act).
Personal Injury
Compensatory damages (special damages must be pleaded)
NO restitution b/c D is not benefitted
Injunction rare b/c harm has already occurred
Defamation and Privacy
Damages usual remedy.
Restitution denied b/c usually no unjust enrichment
Injunction for defamation is rarely granted b/c of prior restraint on free speech. However, effective for privacy torts.
Declaratory relief is available for defamation
