K Remedies

Question 1

Legal Damages

Answer 1

(1) Expectation;
(2) Consequential;
(3) Incidental;
(4) Reliance;
(5) Liquidated damages.

Legal Restitution:
Quasi k;
Replevin
Ejectment

Question 2

Equitable Damages

Answer 2

Rescission; 
Reformation; 
Equitable defenses - Laches, unclean hands; 
TRO
Prelim injunction
Specific performance

Question 3

Expectation Damages

Answer 3

Compensate π for the value of the benefit π expected to rec from the k.

Question 4

Consequential Damages

Answer 4

Comp for damages that are direct and foreseeable consequence of the k not being perf and are found in addition to exp damages.

Question 5

Incidental Damages

Answer 5

Incidental damages include cost reas incurred when the other party is in breach, such as by a S in reselling goods resulting from B’s breach.

Question 6

Reliance Damages

Answer 6

Reliance damages seek to put the π in the same position he would have been in had the k never been made. Measured by the losses incurred as a result of reas reliance on the k

Question 7

Liquidated Damages

Answer 7

Liquidated damages are stipulated to in a clause in the k. A valid liq damages clause controls a damages award and will be the measure of damages when:

(1) damages are too diff to calculate; and
(2) amount bears a reas relationship to the anticipated loss and is not a penalty.

Question 8

Legal Restitution

Answer 8

Legal resti is appropriate where ∆ has derived a benefit, or been unjustly enriched, and it would be unfair to allow the ∆ keep that benefit w/o comp the π, or where the π wants his prop back.

Question 9

Quasi k

Answer 9

Qk applies where there’s no legally binding k, but the ∆ has derived a benefit and fairness reqs payment to the π.

Question 10

Equitable Remedies

Answer 10

Equit remedies are only avail when the remedy at law, money damages, is inadequate.

Question 11

Rescission

Answer 11

Rescission permits party to invalidate a k and restores the parties to the position each would have been in if the bargain had not been entered into.

Question 12

Reformation

Answer 12

Reformation permits a k tb rewritten by the ct to reflect the parties true agt when parties had a meeting of the minds and k as written doesn’t reflect the parties’ agt bc of error.

Question 13

Specific Performance

Answer 13

Specific perf is a perm inj in k where the ct orders the ∆ to perf on the k as promised. Reqs:

(1) valid k;
(2) k conditions imposed on the π are satisfied;
(3) inad legal remedy;
(4) both parties mb eligible to have their perf under the k ordered by the ct;
(5) feasibility: specific perf cannot be too diff for the ct to enforce; and no defenses.

Question 14

Unclean Hands

Answer 14

Unclean hands is defense where the π is guilty of some wrongful conduct re the same transaction as to which she is presently suing the ∆.

Question 15

Replevin

Answer 15

Replevin is a legal restitutionary remedy, the purpose of which is to recover specific chattels wrongly taken or detained by ∆. Under UCC, a B who has made at least partial payment may replevy the goods from the S if the goods were purchased for personal, family, or household purposes. UCC permits B to replevy undelivered, ID goods if, after reas effort, the B is unable to secure adequate substitute goods. However, not adequate remedy when theres no guarantee that the sheriff will successfully be able to seize and restore the prop to the π.

Question 16

Laches

Answer 16

To prevail on the defense of laches, the ∆ must show that the πhas unreasonably delayed, resulting in prejudice to the ∆. Laches begins to run from the time the πhas knowledge that a right has been infringed.

Question 17

Nominal Damages

Answer 17

Serve as a declaration that the k has been breached, but πhas sustained no loss. Serve to vindicate π’s rights.

Question 18

Punitive Damages

Answer 18

Not awarded in k, unless the misconduct rises to level of an ind tort, such as fraud.

Question 19

Ejectment

Answer 19

Used to recover specific real property from which the π, who has the right to possession, was wrongfully excluded. Prop ordered returned and the πcan rec damages for time he was deprived of his real property.

Question 20

Temporary Restraining Order

Answer 20

TROs are designed to preserve the status quo for a short time pending further lit re a prelim injunction. TROs are granted for only a short time, typically 10 days. Notice is req’d but can be ex parte in exceptional circumstances. TRO reqs:

(1) Irreparable harm during waiting time if not granted;
(2) Likelihood of success on the merits;
(3) Inadequate legal remedy;
(4) Balancing of hardships must favor π; and
(5) No defenses are available (laches/unclean hands).

Question 21

Inadequate Legal Remedy

Answer 21

An inadequate legal remedy may arise where:

(1) money damages are too speculative to calculate w/ certainty;
(2) money damages may be inadequate to comp for the potential loss;
(3) Insolvent ∆, such that any damages award is worthless;
(4) Replevin or ejectment is unavailable;
(5) Multiplicity of suits: an ongoing wrong would lead to multiplicity of suits by the sue litigants over the same issue if not resolved by an injunction.