Essay- Legal and Equitable Remedies. Flashcards

1
Q

What do you discuss, in order for tort problem?

A
  1. Legal Remedies

2. Equitable Remedies

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2
Q

What are the legal remedies?

A
  1. Damages

2. Restitution

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3
Q

What is restitution?

What kind of restitution remedies are there??

A

Recompense for injury or loss

1) Money
2) Replevin:
3) Ejectment:

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4
Q

What is replevin?

A

recovery of specific personal property

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5
Q

What is ejectment?

A

recovery of specific real property

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6
Q

What are the equitable remedies?

A

a. Equitable Restitution:

b. Injunction: negative or mandatory order

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7
Q

What kind of equitable restitution damages are there?

A
  1. ) Constructive trust:

2) Equitable lien:

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8
Q

What is a constructive trust?

A

court-imposed obligation on the defendant to convey specific property to the plaintiff

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9
Q

What is an equitable trust?

A

court-imposed security interest in specific property owned by the defendan

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