Legal Remedies

Question 1

Tort Remedies

Answer 1

Legal - damages

restitutionary remedies

1. restitution
2. replevin
3. ejectment

equitable restitutionary remedies

1. constructive trust
2. equitable lien

equitable remedies
injunctive relief

Question 2

compensatory damages

Answer 2

must show

1. causation - but for test
2. foreseeability - proximate cause (foreseeable at the time of the act)
3. certainty - damages cannot be too speculative
4. unavoidability - P must take reaosnable steps to mitigate damages

Question 3

cerainty of damages

Answer 3

past losses are more certain than future

histocal records help

future damages - P must show more likely to happen than not

Question 4

compensatory damages - problem areas - personal injury torts

Answer 4

certainty rules

1. economic loses (special damages - medical expenses / lost earnings) - calculation must be with sufficient certainty
2. non exocnomic loss (general damages - pain and suffiering permanent disfigurement) - basic certainty rule NOT APPLICABLE

Question 5

NOMINAL DAMAGES

Answer 5

JUST TO ESTABLISH RIGHTS (THINK ADVERSE POSSESSION)

Question 6

punitive damages

Answer 6

1. P must first have been awarded compensatory or nominal damages.
2. D’s fault type must be greater than negligence
3. generally no more prportiona than 9:1

Question 7

Restitution

Answer 7

D is unjusty enriched.

Based on benefit to D and value to D

Question 8

Restitution vs. compensatory

Answer 8

compensatory - D destroys P’s car - damages - valu ef car

Restitution - D walks on path on P’s property. No damage to P so avoid unjust enrichment

cannot get both compensatory and restitutino so argue both

Question 9

Replevin

Answer 9

P recovers possession of specific personal property

Test

1. P has right to possession
2. There is wrongful withholding