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Cal Bar > Remedies > Flashcards

Remedies Flashcards

1
Q

I. Establish the Tort
A. Damages
1. General Damages

A

Market value at the time/place of taking

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2
Q

Special Damages

A

A. Reasonable certainty
B. Causal
C. Not too remote

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3
Q

Punitive Damages

A

Punish for intentional tort.

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4
Q

Nominal Damages

A

Recoverable when no actual injury is sustained.

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5
Q

B. Restitution

Ejectment

A

It is legal remedy to restore possession of real property which a plaintiff was wrongfully ousted.

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6
Q

Detinue

A

A legal claim to recover wrongfully detained goods or possessions.

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7
Q

Replevin

A

Legal remedy that permits the plaintiff to recover, before trial, possession of specific chattel wrongfully taken or detained.

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8
Q

Assumpsit

A

Plaintiff has option to go after unjust gains.

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9
Q

Equity: Construstuctive Trust

A

D uses P’s property to get title to another item, P can get CT on new property, must be able to identify/trace the property.

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10
Q

Equitable Lien

A

Debt owed by D to P, identify and trace, ALSO Limited by LIBR!

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11
Q

Injunction

Thomas A. Edison Is Pouring Himself The Drink

A
  1. Tort
  2. Adequacy of the legal remedy
  3. Enforceability
  4. Irreparable Harm
  5. Property right - CL= Property Right ML = Personal right
  6. Hardship (bad faith, no balance) - Balance if D did not act in bad faith.
  7. Type - TRO, Preliminary, Permanent
  8. Defenses - Laches, Unclean Hands, BFP
    Laches - passage of an unreasonable period resulting in a prejudicial impact on D.
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12
Q

Establish the Contract
Damages
General Expectancy

A

General Expectancy Damages - Loss of expectancy under contract, the benefit of the bargain.

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13
Q

Consequential Damages (Hadley v. Baxendale)

A

If the injury would normally flow from the breach:
a. Foreseeable
b. Reasonably certain
C. Unavoidable

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14
Q

LIquidated Damages

A

Damages as specified in the contract.

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15
Q

Reliance Damages

A

When an aggrieved party is unable to prove expectation damages because the standard measure is inapplicable or because consequential damages cannot be shown with the requisite certainty.

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16
Q

Recission

A

Treats the contract as canceled due to problems in formation, such as fraud or misrepresentation.

17
Q

Restitution at Law (Quantum Merit)

A

To put the wrongdoer in the position he would have occupied if the contract had never been formed.

18
Q

Reformation

A

A court may reform a contract to conform to the parties’ original intent.

19
Q 
Specific Performance (Contract) - Orders the defendant to do what is promised under the contract.  
*Christina Aguilar Earns Much Cash Dancing Erotically
A
  1. Contract
  2. Adequacy of legal remedy
  3. Enforceability of Remedy
  4. Mutuality
  5. Conditions
  6. Defenses
  7. Equitable Conversion
    * Christina Aguilar Earns Much Cash Dancing Erotically
19
Q 
Specific Performance (Contract) - Orders the defendant to do what is promised under the contract.  
*Christina Aguilar Earns Much Cash Dancing Erotically
A
  1. Contract
  2. Adequacy of legal remedy
  3. Enforceability of Remedy
  4. Mutuality
  5. Conditions
  6. Defenses
  7. Equitable Conversion
    * Christina Aguilar Earns Much Cash Dancing Erotically
20
Q

Injunction - TRO, Preliminary, Permanent

A
21
Q

Tort - Damages

A
  1. General Damages
  2. Special Damages
  3. Punitive Damages
  4. Nominal Damages
22
Q

Restitution

A
  1. Legal
    a. Type
  2. Ejectment
  3. Detinue/Replevin
  4. Assumpsit
  5. Equitable
    a. Type
  6. Constructive Lien
  7. Equitable Lien
23
Q

Injunction

*Thomas A. Edison Is Pouring Himself The Drink

A
  1. Tort
  2. Adequacy of Remedy
  3. Enforceability
  4. Irreparable Harm
  5. Property Right
  6. Hardships
  7. Type of Injunction - TRO, Preliminary, Permanent
  8. Defenses
    * Thomas A. Edison Is Pouring Himself The Drink
24
Q

Contract - Damages

A
  1. General Damages
  2. Consequential Damages
  3. Liquidated Damages
  4. Reliance Damages
25
Q

Specific Performance

*Christina Aguilar Earns Much Cash Dancing Erotically

A
  1. Contract
  2. Adequacy
  3. Enforceability of Remedy
  4. Mutuality
  5. Conditions
  6. Defenses
  7. Equitable Conversion
    * Christina Aguilar Earns Much Cash Dancing Erotically

Cal Bar (9 decks)

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