Remedies Flashcards
I. Establish the Tort
A. Damages
1. General Damages
Market value at the time/place of taking
Special Damages
A. Reasonable certainty
B. Causal
C. Not too remote
Punitive Damages
Punish for intentional tort.
Nominal Damages
Recoverable when no actual injury is sustained.
B. Restitution
Ejectment
It is legal remedy to restore possession of real property which a plaintiff was wrongfully ousted.
Detinue
A legal claim to recover wrongfully detained goods or possessions.
Replevin
Legal remedy that permits the plaintiff to recover, before trial, possession of specific chattel wrongfully taken or detained.
Assumpsit
Plaintiff has option to go after unjust gains.
Equity: Construstuctive Trust
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.
Equitable Lien
Debt owed by D to P, identify and trace, ALSO Limited by LIBR!
Injunction
Thomas A. Edison Is Pouring Himself The Drink
- Tort
- Adequacy of the legal remedy
- Enforceability
- Irreparable Harm
- Property right - CL= Property Right ML = Personal right
- Hardship (bad faith, no balance) - Balance if D did not act in bad faith.
- Type - TRO, Preliminary, Permanent
- Defenses - Laches, Unclean Hands, BFP
Laches - passage of an unreasonable period resulting in a prejudicial impact on D.
Establish the Contract
Damages
General Expectancy
General Expectancy Damages - Loss of expectancy under contract, the benefit of the bargain.
Consequential Damages (Hadley v. Baxendale)
If the injury would normally flow from the breach:
a. Foreseeable
b. Reasonably certain
C. Unavoidable
LIquidated Damages
Damages as specified in the contract.
Reliance Damages
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.
Recission
Treats the contract as canceled due to problems in formation, such as fraud or misrepresentation.
Restitution at Law (Quantum Merit)
To put the wrongdoer in the position he would have occupied if the contract had never been formed.
Reformation
A court may reform a contract to conform to the parties’ original intent.
Specific Performance (Contract) - Orders the defendant to do what is promised under the contract. *Christina Aguilar Earns Much Cash Dancing Erotically
- Contract
- Adequacy of legal remedy
- Enforceability of Remedy
- Mutuality
- Conditions
- Defenses
- Equitable Conversion
* Christina Aguilar Earns Much Cash Dancing Erotically
Specific Performance (Contract) - Orders the defendant to do what is promised under the contract. *Christina Aguilar Earns Much Cash Dancing Erotically
- Contract
- Adequacy of legal remedy
- Enforceability of Remedy
- Mutuality
- Conditions
- Defenses
- Equitable Conversion
* Christina Aguilar Earns Much Cash Dancing Erotically
Injunction - TRO, Preliminary, Permanent
Tort - Damages
- General Damages
- Special Damages
- Punitive Damages
- Nominal Damages
Restitution
- Legal
a. Type - Ejectment
- Detinue/Replevin
- Assumpsit
- Equitable
a. Type - Constructive Lien
- Equitable Lien
Injunction
*Thomas A. Edison Is Pouring Himself The Drink
- Tort
- Adequacy of Remedy
- Enforceability
- Irreparable Harm
- Property Right
- Hardships
- Type of Injunction - TRO, Preliminary, Permanent
- Defenses
* Thomas A. Edison Is Pouring Himself The Drink
