Med - Remedies Flashcards
K - Sale of Land
Breach of K concerning sale of land, buyer may recover: (1) amount paid (2) difference btw fair market value at time of breach and K price (3) expenses incurred in investigating title and preparing necessary paperwork (4) expenses incurred in preparing to occupy land (5) consequential damages AND (6) interest
UCC’s Buyer’s Remedies & Damages
buyer entitled to: (1) cover damages - difference btw K price - price of substituted goods (2) market damages - buyer did not cover in good faith - difference btw market price - K price or (3) loss-in-value damages - buyer keeps nonconforming goods - difference btw value as promised and value of non-conforming goods (4) incidental (5) consequential
Quasi-K: Unjust Enrichment
implied by law & used to prevent unjust enrichment of D
QK created if: (1) P confers a benefit upon D, (2) P had reasonable expectation he would be compensated for benefit (3) D request benefit and (4) D would be unjustly enriched if not forced to compensate P
Tort - Legal Remedies
(1) compensatory (2) consequential (3) nominal (4) punitive (5) restitution
Torts- Compensatory
puts P in same position they would have been but for injury - Damages must be: (1) caused by D (2) foreseeable (3) certain (4) unavoidable
Non-economic losses: not subject to certainty rules
Torts - Nominal
when P has not suffered an actual injury, but still wants to establish rights.
Torts - Punitive
awarded to punish D available if: (1) P was awarded actual damages (expectation or nominal) (2) proportional to actual damages (3) D conduct was willful, malicious, egregious
Restitution Damages
awarded to prevent unjust enrichment. Damages based on value of the benefit conferred upon D
Damages for Fraud
Either: (1) actual losses suffered - difference in actual value at time of transaction btw P gave and what he received or (2) benefit-of-the bargain - difference in value btw what P actually received and what was fraudulently led to believe would receive
Damages for Conversion of Property
recover either: (1) possession of property or (2) fair market value of property at time of conversion
Damages for Trespass to Chattels
actual damages suffered, may include cost of repair
Temporary Restraining Orders
emergency remedy used to maintain the status quo pending the outcome of a hearing and is only available when P will suffer immediate and irreparable harm
Moving party must show: (1) likely threat of irreparable harm (2) likelihood of success on merits (3) balancing of the hardships in favor of moving party and (4) posting of a bond
Ex parte: must (1) provide specific facts in sworn statement that shows immediate and irreparable injury, loss, or damage will result and (2) certify in writing any efforts made to give notice to adverse party or why notice should not be required - 14 day expiration / 15 days [CA]
Permanent Injunction
Issued after a full trial on the merits and requires: (1) inadequate legal remedies (2) protectable personal or property interest (3) feasibility of enforcement (4) balancing of hardships to both parties and (5) not valid equitable defenses
Equitable Lien
available if D: (1) wrongfully acquired title to property and (2) would be unjustly enriched if allowed to keep property - court will force sale of property and P will receive proceeds
Ejectment
allows the recovery of specific real property ad is available if: (1) D has actual possession of property (2) D is wrongfully withholding the property (3) P has right to possess the property
