Rem Deck

Question 1

What are the common categories of remedies?

Answer 1

1. Compensatory damages
2. Preventive remedies
3. Restitutionary
4. Punitive
5. Ancillary

Question 2

What are the two types of preventive remedies?

Answer 2

1. Coercive

2. Declaratory

Question 3

What are compensatory damages?

Answer 3

Compensatory damages are designed to compensate the plaintiffs for harm they have suffered.

Question 4

What is the most important compensatory remedy?

Answer 4

Compensatory damages

Question 5

What are compensatory damages?

Answer 5

Money damages designed to make plaintiff as well off as he would ave been if he never had been wronged.

Question 6

What are preventive remedies?

Answer 6

Remedies that are designed to prevent harm before it happens, so that the issue of compensatory damages never arises.

Question 7

What is the most important coercive remedy?

Answer 7

An injunction

Question 8

What is an injunction?

Answer 8

A personal command from a court to litigants, ordering them to do or to refrain from doing some specific thing.

Question 9

When is someone held in contempt?

Answer 9

When they violate a direct order from the court.

Question 10

What are declaratory remedies?

Answer 10

They authoritatively resolve disputes about the parties’ rights, but they do not end in a personal command to defendant.

ex: court will decide who owns the forest

Question 11

What are restitutionary remedies?

Answer 11

Remedies designed to restore to plaintiff all that defendant gained at plaintiff’s expense.

Question 12

What ancillary remedies?

Answer 12

Remedies designed to aid other remedies

Question 13

What is the most important ancillary remedies?

Answer 13

Court costs and attorneys fees

Question 14

What is receivership?

Answer 14

An ancillary remedy where the court finds it necessary to manage assets pending litigation.

Question 15

What are the two main types of remedies?

Answer 15

Substitutionary and specific remedies

Question 16

What are substitutionary remedies?

Answer 16

Plaintiff suffers harm and receives a sum of money.

Include compensatory, attorney’s fees, restitution of money value of defendant’s gain, and punitive damages.

Question 17

What are specific remedies?

Answer 17

They aspire to prevent harm, or undo it, rather than let it happen and compensate for it.

Include injunctions, specific performance of contracts, restitution of specific property, and restitution of a specific sum of money.

Question 18

Why is it called substitutionary?

Answer 18

Because the sum of money is substituted for plaintiff’s original entitlement, and in the less obvious sense that the fact finder;s valuation of the loss is substituted for plaintiff’s valuation.

Question 19

What is the rightful position standard?

Answer 19

The rightful position standard says to choose the remedy that puts the plaintiff back in the position that she would have in but for the defendant’s wrong.

Question 20

When measuring market-value, when does the court usually measure damages?

Answer 20

At the time of the loss

Question 21

To what standard must damages be proven?

Answer 21

Reasonable certainty

Question 22

When is there presumed damages?

Answer 22

Defamation claims

Question 23

When does the economic rule not apply?

Answer 23

When the only harm is economic, to avoid crushing liability

Question 24

What is the rightful position in a contract claim?

Answer 24

The position that the plaintiff would have been in but for the breach of the contract.

Question 25

What remedies are paired with contract claims?

Answer 25

Expectancy and reliance and consequential, liquidation too

Question 26

What consequential damages can someone recover?

Answer 26

Those that were foreseeable.

Question 27

What are the requirements to be considered a lost volume seller?

Answer 27

1. Possessed the capacity to make an additional sale
2. It would have been profitable for it to make an additional sale
3. It probably would have made an additional sale absent the buyer’s breach

Question 28

What are the three situations in which courts may award reliance damages rather than expectancy damages in contract?

Answer 28

1. the non-breaching party has a problem with the substantive contract
2. there are compelling public policy reasons to limit damages to a lesser amount
3. the non-breaching party has trouble proving expectancy damages with reasonable certainty

Question 29

What is the collateral source rule?

Answer 29

Insurance and certain govt benefit payments that are wholly independent of the tortfeasor do not get deducted from the plaintiff’s award of tort damages.

Question 30

What is the propensity rule?

Answer 30

The plaintiff must demonstrate there is a realistic threat from the defendant of future harm (or future injury from past harm) before a court will issue an injunction.

Question 31

What are the two varieties of propensity problems?

Answer 31

Ripeness and mootness

Question 32

What happened in ebay?

Answer 32

Court set new standard for determining whether an injunction should be issued.

A plaintiff must demonstrate:

1. It has suffered an irreparable injury
2. Remedies available at law are inadequate to compensate
3. Considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted
4. The public interest would not be disserved by a permanent injunction

First two are pretty much the same

Question 33

Restitution is about what?

Answer 33

Unjust enrichment