Overview Flashcards
Types of Remedies:
Legal remedies, Restitutionary Remedies, Equitable Remedies
Tort Remedies order of progression in analyzing tort problems OVERALL
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)
Contract Remedies order of progression in analyzing tort problems OVERALL
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)
Contracts: Defenses
Laches, Unclean Hands, Election of Remedies, Estoppel, Sale to BFP
Torts: Defenses
Laches, Unclean hands, Freedom of Speech, Criminal Act