Midterm v2 - Introduction

Question 1

What is the goal governing remedial selection?

Answer 1

•Goal of remedy selection is to pick one that appropriately vindicates P’s rights in the particular circumstances of the case

In Tort - goal is to restore the plaintiff to PRE-TORT position (Reliance)
In Contract – goal is to restore plaintiff to position if K fulfilled (expectation)

Question 2

What types of interests are protected by damage awards?

Answer 2

•4 types of awards:
o Restitutionary – to prevent unjust enrichment
o Reliance – primary for tort; secondary for breach of K
o Expectation – primary/default for breach of K claims
o Punitive – for extraordinary, malicious, intentional conduct