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Bar Exam > Remedies > Flashcards

Remedies Flashcards

1
Q

Damages must be considered first followed by ________.

A

Restitution

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2
Q

Compensatory damages aim to give each party __________.

A

The benefit of her bargain

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3
Q

Recovery for compensatory damages is the amount necessary to ___________.

A

Put the party in the place she would have been in had the contract been performed

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4
Q

The measure of compensatory damages is __________ - __________.

A

Market price - contract price

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5
Q

What are the requirements of compensatory damages?

A
  1. Contract breach caused damages
  2. Damages were foreseeable at formation
  3. Damages must be established with certainty
  4. P had duty to mitigate
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6
Q

Mitigation expenses can be recovered even if __________.

A

Those particular expenses are not connected to a successful mitigation attempt

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7
Q

What are consequential damages?

A

Related damages foreseeable at contract formation

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8
Q

What are the elements of consequential damages?

A
  1. Naturally arose from breach AND
  2. Reasonable foreseeable
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9
Q

P is only entitled to nominal damages when __________.

A

There is a breach but no actual proof of damages

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10
Q

Punitive damages are not available for breach of contract unless __________.

A

P characterizes D’s conduct as a tort as well as a breach of contract

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11
Q

What is a liquidated damages clause?

A

Damages for breach are specified directly in the contract

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12
Q

What are the two requirements for a valid liquidated damages clause?

A
  1. Actual damages difficult to estimate AND
  2. Figure is a reasonable forecast of fair compensation
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13
Q

Liquidated damages are invalid if interpreted as _______.

A

A penalty

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14
Q

If a liquidated damages clause is interpreted as a penalty, then:

A
  1. It will be invalidated AND
  2. Actual damages will be awarded
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15
Q

A liquidated damages clause that gives an option of either _____ or _____ is invalid.

A

Actual damages

Liquidated damages

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16
Q

Under contract law, quasi-contract is used to prevent _________.

A

Unjust enrichment of D

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17
Q

What must P and D do before quasi-contract arises?

A
  1. P has rendered performance AND
  2. D breaches
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18
Q

When a contract is unenforceable, P can recover _________.

A

The value of the benefit conferred to D

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19
Q

P may recover the value of the benefit conferred even if its value is higher than _________.

A

The rate stipulated in the contract

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20
Q

Under quasi-contract may recover specific property conferred to D only if:

A
  1. Property is unique OR
  2. D was insolvent
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21
Q

If there is a material breach, the nonbreaching party can recover ____________.

A

The value of the benefit conferred to D even if the value is greater than the contract rule

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22
Q

Unjust enrichment cannot exceed the contract price when:

A
  1. All the work giving rise to the claim has been completed AND
  2. The only remaining obligation is the payment of the contract price
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23
Q

If there is a material breach, under quasi-contract, P may recover specific property conferred to D only if:

A
  1. Property is unique OR
  2. D insolvent
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24
Q

Under modern law, may a materially breaching party recover?

A

Only the value of the benefit conferred to the nonbreaching party; reduces by damages

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25
Q

What is required for compensatory damages in tort law?

A
  1. Causation
  2. Certainty
  3. Unavoidable
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26
Q

What is the but-for test for causation for compensatory damages in tort law?

A

But for D’s breach of duty, P wouldn’t have been injured

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27
Q

Damages must be proven with reasonable _________.

A

Certainty

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28
Q

Between future and past damages, which has a higher certainty threshold?

A

Past damages

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29
Q

Future damages must be shown to be ________.

A

More likely to happen than not

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30
Q

Between special damages and general damages, which require certainty?

A

Special damages

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31
Q

What is the duty to mitigate?

A

P has an affirmative duty to take reasonable steps to mitigate damages

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32
Q

Can you split up compensatory damages for torts?

A

No; must be a lump sum

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33
Q

Special future damages must be discounted to _________.

A

Present value

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34
Q

How does inflation play into calculating compensatory damages?

A

It doesn’t

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35
Q

What are nominal damages?

A

Very small damages awarded to show that the loss/harm suffered by P was technical rather than actual

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36
Q

Why are punitive damages awarded?

A

To punish D in an effort to reform/deter D and similar persons from pursuing similar action in the future

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37
Q

What are the requirements for punitive damages?

A
  1. Attached to compensatory, nominal, or restitutionary damages AND
  2. Wanton, willful, or malicious conduct
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38
Q

What are the constitutional limitations on punitive damages?

A

Must be relatively proportionate to actual damages

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39
Q

Few awards exceeding ________________ between punitive and compensatory damages will satisfy due process.

A

Single-digit ratio

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40
Q

Few awards exceeding single-digit ratio between __________ and _________ damages will satisfy due process.

A

Punitive

Compensatory

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41
Q

Restitutionary damages are designed to __________.

A

Prevent unjust enrichment

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42
Q

Restitutionary damages are calculated by ____________.

A

Looking at the value of the benefit conferred to D

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43
Q

What is replevin?

A

Restitutionary remedy that allows P to recover chattel wrongfully taken

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44
Q

When replevin occurs, ________ repossesses P’s personal property.

A

Sheriff

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45
Q

What are the elements of replevin?

A
  1. P has a right to possession AND
  2. D is wrongfully withholding P’s chattel
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46
Q

When is replevin available?

A

Available before trial

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47
Q

P must _______ for replevin to be permitted before trial

A

Post bond

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48
Q

D can defeat P’s right to replevin before trial by ___________.

A

Posting a redelivery bond

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49
Q

What damages are available under replevin?

A
  1. Recovery of property
  2. Compensatory damages
  3. Restitutionary damages
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50
Q

A subsequent __________ cuts off the right to replevin.

A

Bona fide purchaser

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51
Q

What is ejectment?

A

Legal remedy that allows P to recover possession of real property

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52
Q

What are the elements of ejectment?

A
  1. P has right to possession AND
  2. D is in wrongful withholding and possession
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53
Q

What damages are available under ejectment?

A
  1. Recovery of possession
  2. Compensatory damages
  3. Restitutionary damages
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54
Q

Equitable remedies are addressed after _____ and _____.

A

Legal remedies

Legal restitutionary remedies

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55
Q

Equitable remedies are available only if _______ are insufficient

A

Legal remedies

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56
Q

Equitable restitutionary remedies are available when:

A
  1. Legal remedies are inadequate AND
  2. D has wrongfully acquired title to property
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57
Q

What is a constructive trust?

A

Passive, temporary arrangement in which trustee (D)’s sole duty is to transfer title/possession to P

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58
Q

The court imposes a constructive trust on ______.

A

P’s property

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59
Q

In a constructive trust, _______ serves as trustee

A

D

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60
Q

When is a constructive trust used?

A
  1. When property appreciates after wrongful taking
  2. D’s property can be solely traced back to P’s property
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61
Q

What is an equitable lien?

A

Lien imposed on P’s property by the court that subjects the property to an immediate court-ordered sale of property

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62
Q

Who receives the proceeds of a sale stemming from an equitable lien?

A

P

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63
Q

When will an equitable lien be used?

A
  1. Property depreciates
  2. D’s property improved with P’s property
  3. Property not solely traceable to P
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64
Q

If a sale from equitable lien provides proceeds that are less than FMV of the property when it was taken by D, then _________.

A

P will be entitled to a deficiency judgment for the remainder

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65
Q

If D sells wrongfully-acquired property under an equitable restitutionary remedy, P may __________.

A

Trace the proceeds of the sale

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66
Q

Where there is an equitable restitutionary remedy, P will prevail over _______.

A

Other unsecured creditors

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67
Q

In regards to equitable restitutionary remedies, P is an unsecured creditor for the purpose of any deficiency judgment if _____________.

A

The sale proceeds are less than the properpty’s FMV

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68
Q

In the sale of an equitable restitutionary remedy, a __________ will prevail over P.

A

Bona fide purchaser

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69
Q

Who is a bona fide purchaser in connection to an equitable restitutionary remedy?

A

An innocent party who purchases property w/o notice of any other party’s claim to the property’s title

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70
Q

What is an injunction?

A

A pure equitable remedy that a party may use to stop another party from acting (or force another party to act in a certain manner)

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71
Q

When is a permanent injunction awarded?

A

After a full trial on the merits

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72
Q

What makes an injunction different from a permanent injunction?

A

It’s not provisional

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73
Q

When deciding whether to award a permanent injunction, a court will not balance hardships unless ________.

A

The injunction pertains to a nuisance/trespass on the land

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74
Q

What are the required elements for a permanent injunction?

A
  1. Inadequate legal remedy
  2. Property right/protectable personal interest
  3. Feasibility of enforcement
  4. Balance of hardship
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75
Q

When will monetary damages be inadequate, thus warranting a permanent injunction?

A
  1. Too speculative
  2. D is insolvent
  3. Irreparable injury OR
  4. Multiplicity of litigation
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76
Q

What three remedies must be inadequate in order for legal remedy to be inadequate, thus justifying the use of a permanent injunction?

A
  1. Monetary damages
  2. Replevin
  3. Ejectment
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77
Q

What is the modern rule regarding the “property right or protectable personal interest requirement” for permanent injunction?

A

Court will award injunctions to enforce any protectable personal interests

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78
Q

An injunction is either mandatory or ________.

A

Prohibitory

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79
Q

What is a mandatory injunction?

A

Requires a party to act

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80
Q

What is a prohibitory injunction?

A

Prevents a party from doing certain acts

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81
Q

Prohibitory injunctions are easier for the court to enforce because _______.

A

D will be required only to stop acting in a certain manner as opposed to being required to do something in an affirmative matter

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82
Q

The court will use its powers of _______ to enforce injunction.

A

Contempt

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83
Q

Enforcement of mandatory injunctions is problematic because of:

A
  1. Difficulty of supervising D AND
  2. Difficulty of ensuring D’s compliance
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84
Q

Injunctions requiring D to act with great ______, ______, or ________ are unenforceable.

A

Taste
Skill
Judgment

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85
Q

Injunctions for series of acts ___________ will be denied.

A

Over a period of time

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86
Q

For whom is an injunction for an out-of-state action enforceable?

A

D who is resident of a state

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87
Q

Under the minority view, courts will not balance hardships unless:

A

Injunction pertains to:
1. Nuisance
2. Trespass to land

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88
Q

Courts will deny an injunction if the hardships to ______ substantially outweigh those to _______.

A

D

P

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89
Q

When hardships to D substantially outweigh those to P, the court will award P _______.

A

Monetary damages

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90
Q

When considering a permanent injunction, courts will typically balance the hardship to P and D unless _________.

A

D’s conduct was intentional

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91
Q

In addition to hardship to P and D, courts will also consider hardship to ______ before granting an injunction.

A

The public

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92
Q

If P is denied an injunction on the balancing of hardship, the court will award ______.

A

Monetary damages

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93
Q

What is laches?

A

Unreasonable delay by P, causing undue prejudice to D

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94
Q

The laches period may be shorter than _______.

A

The statute of limitations

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95
Q

Under laches, ______ will be denied, but P may be awarded _______.

A

Equitable relief

Monetary damages

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96
Q

Under the laches defense, equitable relief will be denied, but P may be awarded monetary damages unless _______.

A

The statute of limitations has tolled

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97
Q

In regards to laches, the statute of limitations begins to run when _________.

A

P has knowledge of injury

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98
Q

What is the unclean hands defense?

A

P isn’t entitled to obtain equitable remedy because P acted….
1. Unethically OR
2. In bad faith
…with respect to the subject of P’s action against D

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99
Q

What are the maxims of equity?

A

One who comes into equity must come with clean hands

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100
Q

P’s “unclean hands” must be related to ________ to be a valid defense.

A

the subject of the suit

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101
Q

How is the freedom of speech a defense to injunctions?

A

Prevents injunctions against:
1. Defamation
2. False light
3. Private life

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102
Q

How is freedom of association a defense against injunctions?

A

Injunction won’t be granted if it interferes with the internal management of an association

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103
Q

Injunctive relief is not available to enjoin crimes unless _______.

A

The crime is also a tort

104
Q

An injunction against criminal prosecution won’t be granted unless:

A
  1. P will experience irreparable harm
  2. Criminal statute is unconstitutional
105
Q

What is a preliminary injunction?

A

Injunction by a court prior to determining a legal case to restrain a party from conduct until the case is decided

106
Q

What is the purpose of a preliminary injunction?

A

Preserve the status quo

107
Q

What are the elements of a preliminary injunction?

A
  1. P must demonstrate substantial likelihood of success
  2. Substantial threat of irreparable harm/injury
  3. Balance of harms weighs in favor of P
  4. P posts bond
  5. Notice is required
108
Q

What is a temporary restraining order?

A

Temporary decree issued to preserve the status quo for the period leading up to the hearing on the preliminary injunction.

109
Q

Courts will not typically _______ under a temporary restraining order

A

Balance the hardships

110
Q

What are the elements required for a temporary restraining order?

A
  1. P faces imminent, irreparable harm
  2. TRO for status quo
  3. Limited to 14 days
  4. P must post bond
111
Q

Is notice required for a temporary restraining order?

A

No

112
Q

______ proceedings are allowed for determining the requirements of a temporary restraining order.

A

Ex parte

113
Q

What parties are bound by an injunction?

A
  1. D
  2. Agents of the parties with notice
  3. 3rd parties with notice
114
Q

What are subsequently invalid injunctions?

A

Injunctions that are no longer valid due to a change in the circumstances

115
Q

Are parties bound to a subsequently invalid injunction?

A

Yes, until the court:
1. Modifies OR
2. Dissolves
…the injunction

116
Q

What civil contempt powers will be used to enforce an injunction?

A
  1. Fines
  2. Imprisonment (D released when D obeys injunction)
117
Q

What criminal contempt powers will be used to enforce an injunction?

A
  1. Fines
  2. Imprisonment (D released after duration of sentence)
118
Q

What happens where there is rescission

A

Contract is voided and rescinded

119
Q

Grounds for rescission are all issues relating to ________.

A

Contract formation

120
Q

What are grounds for rescission?

A
  1. Mistake
  2. Misrepresentation
  3. Undue influence
  4. Lack of capacity
  5. Lack of consideration
  6. Duress
  7. Illegality
121
Q

Rescission won’t be granted on grounds of unilateral mistake unless:

A
  1. Other party knows/should have known of the other’s mistake
  2. Mistaken party would suffer undue hardship
122
Q

Rescission will be granted regarding mutual mistake of ________.

A

Material fact

123
Q

Rescission will be granted on misrepresentation if P can demonstrate _________.

A

Actual reliance on a material misrepresented fact

124
Q

What are valid defenses to rescission?

A
  1. Laches
  2. Unclean hands
125
Q

What is an invalid defense to rescission?

A

Negligence of P

126
Q

Recission is only allowed if P sues for ___________ before ____________ (or at the same time).

A

Rescission

Damages

127
Q

What is reformation?

A

Court alters the parties’ written agreement to conform with the parties’ original intent/understanding

128
Q

A ______ contract is required for reformation.

A

Valid

129
Q

Unilateral mistake is not grounds for reformation unless ________

A

Other party knows of the other’s mistake

130
Q

Reformation may be granted for both _______ and _______ misrepresentations

A

Innocent

Intentional

131
Q

What are the valid defenses to reformation?

A
  1. Unclean hands
  2. Laches
  3. Subsequent bona fide purchaer
132
Q

What defenses to reformation are invalid?

A
  1. Parol evidence rule
  2. Statute of frauds
  3. Failure to read
  4. Negligence of P
133
Q

What is specific performance?

A

Enforcing the terms of a valid contract

134
Q

Specific performance is a ______ decree by the court.

A

Mandatory

135
Q

Specific performance requires D to ___________.

A

Perform what he promised under the original contract

136
Q

What are the requirements for specific performance?

A
  1. Valid contract
  2. P’s contractual conditions must be satisfied
  3. Legal remedies inadequate
  4. Mutuality
  5. Enforcement feasible
  6. No defenses
137
Q

A valid contract requires:

A
  1. An offer
  2. Acceptance
  3. Consideration
  4. Certain/definite terms
138
Q

Even more so than with monetary damages, specific performance requires that contract terms be __________.

A

Specific and definite

139
Q

To obtain the remedy of specific performance, P must have fulfilled _________.

A

All of her conditions under the contract

140
Q

How does P fulfill all conditions under a contract (so as to obtain specific performance)?

A
  1. Already performed
  2. Ready, willing, and able to perform
  3. Performance excused
141
Q

What is a “time is of the essence” clause?

A

Requires timely performance of the contract

142
Q

A “time is of the essence” clause is a _________ condition of ________ performance.

A

Contractual

Timely

143
Q

If a “time is of the essence” clause contains a ______ provision, a court will be very reluctant to enforce that provision.

A

Forfeiture

144
Q

If P is the seller and there are deficiencies in performance, specific performance is only available for:

A
  1. Minor defect
  2. Cured material defect
145
Q

If there is deficiencies in performance, specific performance is always available to P if she is _______.

A

The buyer

146
Q

If specific performance is granted, the court will reduce _______ in order to _______.

A

The contract price

Account for the deficiency

147
Q

Before allowing specific performance, the courts require that ______ must be inadequate.

A

Remedy at law

148
Q

When is remedy at law inadequate so as to allow specific performance?

A
  1. Issue is unique
  2. Damages are too speculative
  3. D is insolvent
  4. There will be a multiplicity of suits
149
Q

Why would a unique item create a need for specific performance?

A

P cannot go anywhere else to buy the unique item

150
Q

Is personal property unique?

A

Generally, no

151
Q

Under what circumstances will personal property be considered unique?

A
  1. Very rare
  2. Personal significance to buyer
  3. Unique circumstances at time of litigation
152
Q

What kind of property is always considered unique for the purposes of specific performance?

A

Land

153
Q

A seller of land can get specific performance for land contracts as unique items even though _________

A

She is only expecting money in return

154
Q

How do the maxims of equity apply to multiplicity of litigation?

A

Equity will take jurisdiction to avoid a multiplicity of suits

155
Q

Historically, courts have required that, for a party to seek specific performance, the party they are seeking it against must be entitled to _______.

A

Specific performance.

This isn’t really a thing anymore

156
Q

Historically, a party couldn’t seek specific performance unless the party they were seeking it against was also entitled to specific performance.

Now, court apply what test?

A

Security of performance test

157
Q

What is the security of performance test?

A

As long as the court can secure the performance of both parties to its satisfaction, specific performance may be issued

158
Q

Requiring ____________ is a common way for the court to feel secure that both parties will perform

A

Simultaneous performance

159
Q

Is specific performance available for personal service contracts?

A

No

160
Q

What is the doctrine of unclean hands?

A

Bars equitable relief to anyone who engages in wrongful conduct connecting to the subject matter

161
Q

How do the maxims of equity apply to the unclean hands defense?

A

One who comes into equity must come with clean hands

162
Q

To be a valid defense to specific performance, P’s unclean hands must be related to ________.

A

Lawsuit at hand

163
Q

How does laches affect specific performance?

A

Bars equitable remedies when:
1. A party unreasonably delays AND
2. Delay causes prejudice

164
Q

In regards to specific performance, laches begins to run from the time ________.

A

P has reason to know of the injury

165
Q

What are the requirements for the unconscionability defense to specific performance?

A
  1. Inadequate consideration
  2. Marked inequality AND
  3. Unfair advantage
166
Q

Unconscionability is assessed at the time of ________.

A

Contract formation

167
Q

Mistake can be a contract defense to specific performance except where _______

A

The contract provides for compensation in the event of a mistake

168
Q

Unilateral is only a mistake to specific performance when ____________.

A
  1. One party is mistaken AND
  2. The other party knew/had reason to know of that party’s mistake
169
Q

What is a misrepresentation?

A

Any false assertion or intentional concealment of material information

170
Q

When a party is induced to enter into a contract based on fraud/misrepresentation, then ________.

A

The contract may be voidable in whole/in part at the election of the defrauded party

171
Q

Nondisclosure doesn’t amount to misrepresentation unless ___________.

A

There is a duty to disclose facts

172
Q

According to the statute of frauds, certain contracts must be in writing before specific performance can be required unless:

A
  1. Valuable part performance AND
  2. In reliance on the contract
173
Q

In a sale of land contract, equitable conversion takes place upon _______.

A

Execution of contract

174
Q

Define equitable conversion.

A

Property interests of the buyer/seller are switched

175
Q

After equitable conversion, seller is entitled to ___________ property interest.

A

Personal

176
Q

After equitable conversion, buyer i entitled to ______ property interest.

A

Real

177
Q

Where there is death after equitable conversion, seller is entitled to personal property because __________.

A

There is no more real property interest after execution

178
Q

Where there is death after equitable conversion, buyer is entitled to personal property because __________.

A

Buyer obtains this interest after execution

179
Q

After equitable conversion, the majority view is that the risk of damages or destruction falls on ________.

A

The buyer

180
Q

After equitable conversion, the modern view is that the risk of damages or destruction falls on ________.

A

Seller

181
Q

A valid contract in a land-sale agreement requires a writing with ________.

A

All essential terms

182
Q

The statute of frauds requires that a contract for a land sale be in writing unless :

A
  1. P has rendered valuable part performance AND
  2. In reliance of the contract
183
Q

Valuable part performance requires:

A

2 of 3
1. Payment
2. Possession
3. Valuable improvements/services

184
Q

Terms are clear and definite when a court is able to ________.

A

Enforce the terms

185
Q

For a land-sale contract to be clear and definite, a contract must contain:

A
  1. Parties
  2. Definition of property
  3. Time for performance
  4. Purchase price
186
Q

A “time is of the essence” clause requires ___________.

A

TImely performance of the contract

187
Q

A “time is of the essence” clause only applies if it is _______________ in the contract.

A

Expressly stated

188
Q

How do the maxims of equity apply to “time is of the essence” clauses?

A

Equity abhors forefeiture

189
Q

A court will be very reluctant to enforce a “time is of the essence” clause if it contains a _______ provision.

A

Forfeiture

190
Q

Even a seller can get specific performance of a land sale contract even though _______.

A

All the seller is expecting in return is money

191
Q

Specific performance of a sale of land contract is available for defects if:

A
  1. Minor
  2. Material, but cured
192
Q

Specific performance on a contract for sale of land is available for _______ regardless of whether a defect is minor or material.

A

Buyer

193
Q

If the specific performance of a sale of land contract is granted, the court will reduce a contract price to ________

A

Account for the deficiency

194
Q

Legal damages for a sale of land contract are inadequate when ________.

A

There is a contract for a subject matter that is unique

195
Q

Why is land held to be a unique subject matter?

A

Because no two lots of land are the same, even if they appear to be

196
Q

Why is specific performance generally denied to non-UCC personal property

A

Personal property is not considered unique

197
Q

Non-UCC personal property interests are considered unique only if:

A
  1. Very rare
  2. Personal significance to buyer
  3. Unique circumstances at time of litigation
198
Q

Before acceptance of a UCC contract, what remedies are available to a buyer?

A
  1. Cancel contract OR
  2. Specific performance for unique goods
199
Q

If a buyer cancels a contract under the UCC before acceptance, what damages are available?

A
  1. Cover OR
  2. Market damages
200
Q

After acceptance of a UCC contract, what remedies are available to a buyer?

A
  1. Keep nonconforming goods and recover consequential damages OR
  2. Revoke contract for material uncured breach and recover cover/market
201
Q

Before acceptance of a UCC contract, what remedies are available to a seller?

A

Withhold goods AND
1. Resell and recover difference between contract and resale price
2. Sue for contract price
3. Volume seller recovers lost profits

202
Q

After acceptance of a UCC contract, what remedies are available to a seller?

A
  1. Sue for contract price
  2. Replevin
203
Q

Why is replevin available to a seller after acceptance of a UCC contract?

A

Because if the buyer accepts the goods but never pays, it is a wrongful withholding

204
Q

What remedies are available for construction contracts?

A
  1. Compensatory damages
  2. Restitution
  3. Specific performance
205
Q

Restitution is only available under construction contracts for _______ unless _____________.

A

The builder

The owner has paid the builder in advance

206
Q

Specific performance is only available to _______ in a construction contract.

A

An owner

207
Q

What remedies are available for personal service contracts?

A
  1. Compensatory damages
  2. Restitution
208
Q

Restitution is generally only available for personal service contracts for _________ unless _____________.

A

Employee

Employer has paid the employee in advance

209
Q

Covenants not to compete are specifically enforceable if:

A
  1. Covenant protects a legitimate interest AND
  2. Is reasonable in geographic & durational scope
210
Q

What remedies are available for trespass?

A
  1. Nominal damages
  2. Restitutionary damages
  3. Injunctive relief
211
Q

What remedies are available for encroachment?

A
  1. Compensatory damages
  2. Injunctive relief
  3. No restitutionary remedies
212
Q

Compensatory damages for continuing trespass are _______.

A

Rental value of the land

213
Q

Compensatory damages for permanent trespass are _________.

A

Fair market value of the land

214
Q

Injunctive relief is only available for encroachment if that encroachment is _______.

A

Inadvertant

215
Q

__________ remedies are not available for encroachment.

A

Restitutionary

216
Q

What remedies are available for destruction or injury?

A
  1. Compensatory damages
  2. Destruction
217
Q

Compensatory damage for injury cannot be _________.

A

Greater than diminution

218
Q

Compensatory damages for destruction are based on ___________.

A

Fair market value at time of destruction

219
Q

What damages are available for destruction of or interference with easements?

A
  1. Compensatory damages
  2. Injunctive relief
220
Q

Compensatory damages for destruction of easements are based on ________.

A

Diminution of value of land attached to the easement

221
Q

Compensatory damages for interference with easements are based on ________.

A

Cost of restoration + loss of use + any related expenses

222
Q

Injunctive relief will only be granted for the destruction of/interference with easements if ________.

A

Legal remedy is inadequate

223
Q

What damages are available for voluntary waste?

A
  1. Compensatory damages
  2. Injunctive relief
224
Q

Compensatory damages for voluntary waste are based on:

A
  1. Diminution in value OR
  2. Cost of repairs
225
Q

What damages are available for permisive waste?

A

Compensatory damages only

226
Q

Compensatory damages for permissive waste are based on _______.

A

Cost of repairs

227
Q

What remedies are available for nuisance?

A
  1. Compensatory damages
  2. Injunctive relief
228
Q

Compensatory damages for nuisance are based on ________.

A

Value of loss of use/enjoyment + abatement costs + emotional distress

229
Q

Compensatory damages for nuisance are measured from _____ to ______.

A

Time the nuisance began

Time of the action

230
Q

When will injunctive relief be available for negligence?

A
  1. Multiplicity of suits
  2. Land is unique
231
Q

__________ remedies are not available for nuisance.

A

Restitutionary

232
Q

Coming to the nuisance is not a defense to:

A
  1. Injunction
  2. Damages
233
Q

What remedies are available for the destruction of personal property?

A

Compensatory damages

234
Q

Compensatory damages for the destruction of personal property are based on ________.

A

FMV at time of destruction - salvage + interest

235
Q

When it comes to the destruction of personal property, loss of use is available if the destroyed chattel was __________.

A

Income-producing property

236
Q

Compensatory damages given for the injury of personal property are based on:

A
  1. Cost of repair OR
  2. Diminution in value
237
Q

What remedies are available for dispossession?

A
  1. Compensatory damages
  2. Restitutionary damages
  3. Equitable remedies
238
Q

Compensatory damages for conversion are calculated based on _______.

A

FMV at conversion + interest + expenses incurred trying to recapture the chattel

239
Q

Compensatory damages for minor dispossession are calculated based on:

A
  1. Nominal damages OR
  2. Damages for loss of use
240
Q

Restitutionary damages are only available for dispossession if ___________.

A

D derived benefit from P’s personal property

241
Q

Modern law limits the use of reasonable force to recapture chattels to situations where _____________.

A

P is in “hot pursuit” of D

242
Q

Under quasi-contract, remedy for dispossession is calculated based on __________.

A

FMV of chattel at time of dispossession

243
Q

D must acquire title in order for ______ or _______ to be an available remedy for dispossession.

A

Constructive title

Equitable lien

244
Q

D must ________ in order for constructive trust to be an available remedy for dispossession.

A
245
Q

Under dispossession, mandatory injunction is available as an equitable remedy if __________.

A

The goods are unique

246
Q

In order to grant special damages for personal injuries, the damages must satisfy _________.

A

The certainty requirement

247
Q

What types of remedies are available for personal injuries?

A
  1. Compensatory damages
  2. Injunction
248
Q

No ____ payments are allowed for compensatory damages for personal injury

A

Installment

249
Q

Special future damages must be discounted to ________ for compensatory damages for personal injury?

A

their present value

250
Q

Injunction is rarely awarded for personal injury because:

A
  1. Harm has already occurred AND
  2. No real threat of repetition
251
Q

Under fraud, what remedies are available?

A
  1. Damages
  2. Restitution
252
Q

In order to provide damages for fraud, P must prove _______.

A

Actual injury

253
Q

Consequential damages for fraud are available if ___________.

A

Actual injury is shown

254
Q

Punitive damages for fraud are available if ___________.

A

Malice is shown

255
Q

What forms of restitution are available for fraud?

A
  1. Constructive trusts OR
  2. Equitable liens

Bar Exam (15 decks)

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