Remedies

Question 1

4 Quadrants

Answer 1

QI: Goal = Restoration (Ex Post)
QII: Goal = Retribution (Ex Post)
QIII: Goal = Coercion (Ex Ante)
QIV: Goal = Protection (Ex Ante)

Question 2

Corrective Justice View

Answer 2

You cannot violate another’s rights, and remedies exist to restore (or preserve) the balance between the victim and the wrongdoer. The nature of the right determines the remedy.

Question 3

Law and economics/efficiency view

Answer 3

The law forbids nothing, but merely specifies consequences for violating another’s rights. The bigger the remedy, the more important the right.

Question 4

Rightful Position

Answer 4

The fundamental principle of damages is to restore the injured party, as nearly as possible, to the position they would have occupied had it not been for the wrong of the other party.

Question 5

Hatahley

Answer 5

Rightful Position
3 categories of damages should’ve received:

Destroyed animals = reasonable replacement cost

Use value of animals = FMV rental price

Individual pain and suffering

Minor takeaways:
Pain and suffering is unique to each claimant

The P can only recover damages that it cannot reasonably mitigate

Question 6

In re 9/11

Answer 6

Lesser of two rule = cost of replacement v. diminution in market value → award lower of the two figures should put P in rightful position without uneconomical burden to D

Question 7

Calculating market value: Tort v. K

Answer 7

Time at which to calculate market value = at the time and place of the loss in tort cases, or at the time and place for delivery in K cases

Question 8

Sentimental Value

Answer 8

Some courts say you can get the original cost of the film. Other courts say you can recover a reasonable sentimental value that cannot be mawkish or excessive. Comes down to how good the litigators are + how sympathetic the factfinders are.

Question 9

Trinity Church v. John Hanock

Answer 9

Exception to lesser of two rule = specialty purpose property → use replacement cost instead of market value to calculate damages

If there is an ascertainable market value, you have an uphill battle proving a building is specialty property

Question 10

Neri v. Retail Marine Corp

Answer 10

Lost volume seller = where a seller has an unlimited supply, it can recover lost profits on additional sales it would have made but for the buyer’s breach EXCEPT when seller could not have made an additional sale

Expectation = Amount needed to put the injured party in the position it would have occupied had the contract been fully performed

Reliance = Amount needed to put the injured party in the position it would have occupied had the contract never been made

Restitution = Amount needed to take away from a party to prevent unjust enrichment

Question 11

Damages in K v. Tort?

Answer 11

In K you get expectation damages, in torts you get reliance damages

CASE = Chatlos (K) = what was promised - what was received [Example of collecting too much]

CASE = Smith (Torts) = value of the goods received (if it was as represented) - K price (what Smith paid) (what was received - what was promised) [Example of collecting too little]
Windfall = know it when you see it bish