Overview Flashcards

1
Q

Types of Remedies:

A

Legal remedies, Restitutionary Remedies, Equitable Remedies

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2
Q

Tort Remedies order of progression in analyzing tort problems OVERALL

A

Damages (injury to P arising out of tort; nominal/puny/general/special), Restitution (benefit unjustly retained by D, no need to hurt P (Legal Remedies=Money, Replevin, Ejectment; Equitable Remedies=Constructive Trust, Equitable Lien) and Injunction (I’m Feeling Bold and Determined)

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3
Q

Contract Remedies order of progression in analyzing tort problems OVERALL

A

Damages (expectation, consequential, liquidated); Restitution ($ restitution b/c D was unjustly enriched); Specific Performance (Cha Cha Is Fairly Difficult); Special remedies (Rescission - K void or voidable b/c of mistake or misrepresentation; Reformation - Written form of K is wrong b/c of Mistake, Misrepresentation)

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4
Q

Contracts: Defenses

A

Laches, Unclean Hands, Election of Remedies, Estoppel, Sale to BFP

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5
Q

Torts: Defenses

A

Laches, Unclean hands, Freedom of Speech, Criminal Act

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