Damages

Question 1

what is a survival action

Answer 1

decedent’s estate may recover (1) pain & suffering, (2) medical expenses, and (3) lost wages.up until the time of the decedent’s death:

Question 2

what is Wrongful Death

Answer 2

decedent’s spouse may recover
(1) medical expenses (so long as there is no double recovery for the same elements of loss under the survival action); 2) funeral & burial expenses; (3) loss of support (future income), reduced to present value; and (4) loss of consortium (companionship).

Question 3

what should you consider when evaluating wrongful death and survival actions?

Answer 3

Double recovery

Question 4

punitive damages

Answer 4

require malicious intent, and should be evaluated with the 9x calculator

Question 5

restitution

Answer 5

money restitution to prevent unjust enrichment. can recover defendants profits and other manners in which they were unjustly enriched

Question 6

what should you consider when evaluating restitution

Answer 6

if money is comingled in a trust/account, and the account drops below the unjustly invested money you can only recover for the lowest value the account drops to

Question 7

Ejectment

Answer 7

able to regain possession of property you have rightful title to. can also receive monetary damages measured by the value of the use of the land and (2) mesne profits such as rents D actually received during D’s wrongful possession.

Question 8

what should you consider for Ejectment

Answer 8

a good-faith defendant can receive credit for any improvements made to the land

Question 9

What is required for a permanent injunction

Answer 9

(1) propensity or ripeness is satisfied,
threat must be sufficiently concrete and not just based on a mere possibility or subjective personal fear.
(2) NASS would suffer an irreparable injury,
Money damages can be inadequate when health and safety concerns or real property is involved.
Further, when a harm is ongoing, there is the danger of multiplicity of suits, which can also amount to irreparable injury.
(3) the injunction would be feasible for the court to enforce,
Feasibility considers the administrative burden on courts in enforcing an injunction. Courts generally disfavor mandatory/affirmative injunctions because they are harder to enforce than negative/prohibitory injunctions.
(4) the balance of hardships weighs in NASS’s favor, and
(1) the hardship on the plaintiff if the injunction is not granted, (2) the hardship on the defendant if the injunction is granted, and (3) any public interest considerations.

(5) defenses.
Laches is a valid defense against an equitable remedy. Laches occurs when a plaintiff has unreasonably delayed in bringing their claim and the defendant is materially prejudiced as a result.