Remedies

Question 1

Remedies - Contract Legal Remedies

Contract Legal Remedies

Answer 1

(A) General Requirements
Contract damages must be:
1. Causal (but-for)
2. Foreseeable at time of contract
3. Certain
4. Unavoidable (P couldnt mitigate)

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(B) Expectancy (Benefit of the Bargain)

The usual measure for expectancy damages is the benefit of the bargain, which is the difference between contract price and market price

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(C) Consequential Damages

Damages that logically flow from the breach, other than the cost of sale, profit, and purchase price.

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(D) Reliance Damages

Seeks to put the party in the position they would have been in had the contract never been formed.

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(E) Incidental Damages

Buyer -Expenses reasonably incurred in shipping, care, and custody of the goods

Seller - Expenses reasonably incurred in reselling goods after breach

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(F) Liquidated Damages

Parties may split damages

Question 2

Remedies - Contract Equitable Remedies

Contract Equitable Remedies

Answer 2

(A) Specific Performance

Enforcement of contract after breach requires:

1. valid and enforceable contract with certain and definite terms
2. PArty has met all conditions required or are excused
3. legal remedy inadequate
4. Remedy is feasible

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(B) Provisional Remedies

Preserves the status quo for trial. Requires:

1. Reasonable likelihood of success on merits
2. Threat of irreparable harm
3. Balancing of harships
4. (TRO) – discuss immediacy of irreparable harm

(C) Recission
(D) Reformation
(E) Declaratory Judgment

Question 3

Remedies - Tort Legal Remedies

Tort Legal Remedies

Answer 3

(A) Types of Tort Damages

1. General - Damages foreseeable from injury (ex. pain & suffering)
2. Special - Not necessarily foreseeable (ex. medical bills, lost wages). Requires specific pleading
3. Punitive - Awarded for willful anf wanton conduct (Fraud, oppression, malice, etc)

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(B) Requirements

1. Causal (but-for)
2. Foreseeable
3. Certain
4. Unavoidable

Question 4

Remedies - Tort Equitable Remedies

Tort Equitable Remedies

Answer 4

(A) Provisional Remedies
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Preserves the status quo for trial. Requires:
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1. Reasonable likelihood of success on merits
2. Threat of irreparable harm
3. Balancing of harships
4. (TRO) – discuss immediacy of irreparable harm

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(B) Permanent Injunction

1. Inadequate Legal Remedy
2. Feasibility of Enforcement
3. If unintentional encroachment or nuisance –> balancing of hardships favors injunction

Question 5

Remedies - Property Remedies

Property Remedies

Answer 5

1. Damages
2. Injunction
3. Waste

Question 6

Remedies - Unjust Enrichment

Unjust Enrichment

List

Answer 6

1. Restitution
2. Replevin
3. Ejectment
4. Constructive Trust
5. Equitable Lien
6. Resulting Trust