Remedies

Question 1

Rule: Legal Remedies Available in Tort Action

Answer 1

The legal remedies for tort actions are Compensatory Damages, Nominal Damages, Punitive Damages, Restitution, Replevin, Ejectment

Question 2

What legal remedy is available to recover chattels?

Answer 2

Replevin is a legal remedy available to recover chattels.

Question 3

What legal remedy is availble to regain possession of land?

Answer 3

Ejectment is a legal remedy available to regain possession of land.

Question 4

Rule: Nominal Damages

Answer 4

Nominal damages are awarded to vindicate a plaintiff’s rights in the absence of actual harm.

Question 5

Rule: Compensatory damages (tort)

Answer 5

Compensatory damages are awarded to put a plaintiff back into the position as though the tort didn’t occur.

Question 6

Rule: Equitable Remedies in a tort action

Answer 6

Equitable remedies for a tort action are Constructive Trust, Equitable Lien, Temporary Restraining Order, Temporary Injunction, Permanent Injunction

Question 7

Rule: Punitive Damages

Answer 7

Punitive damages are awarded where defendant has displayed wilful, wnaton, or malicious tortious conduct

Question 8

Are restitution damages available if plaintiff has received compensatory damages?

Answer 8

No

Question 9

Rule: Restitution Damages

Answer 9

Restitution damages are money damages awarded to a plaintiff equal to the value of the benefit received by the defendant.

Question 10

Rule: Equitable Restitution - When can it be awarded?

Answer 10

Award damaged when a remedy at law is inadequate.

Question 11

Types of Equitable Restitution

Answer 11

Constructive Trust, Equitable Lien

Question 12

What does plaintiff get if court creates constructive trust?

Answer 12

Legal title to the unjustly retained property

Question 13

What does a plaintiff get if the court creates an equitable lien?

Answer 13

a lien on the unjustly retained property (not in full satisfaction)

Question 14

When should P pursue Constructive Trust? Equitable Lien

Answer 14

Constructive Trust: Value of property has increased. Equitable Lien: When value of property has decreased

Question 15

What remedy is available to keep one party from performing an act?

Answer 15

Injunction

Question 16

What are the types of injunctions?

Answer 16

Temporary restraining order, prelimianry injunction, permanent injunction

Question 17

Rule: showiong needed for TRO

Answer 17

irreperable harm, likelihood of success on merits, inadequate legal remedy, balancing hardships, no defenses) (Irish Lads Inhale Beer in Dublin)

Question 18

Rule: Defenses to a TRO

Answer 18

Laches (Time Delay); Unclean Hands (Plaintiff in bad faith)

Question 19

Purpose of preliminary injunction

Answer 19

preserve status quo before trial

Question 20

What is a permanent Injunction and when is it awarded?

Answer 20

Court orders one to perform act or stop performing after full trial on the merits.

Question 21

What remedies are available to plaintiffs in contract actions?

Answer 21

Legal damages - Expectation, consequential, incidental, reliance, liquidated, nominal, punitive; legal restitution; equitable remedies (recission, reformation); injunction

Question 22

Expectation Damages

Answer 22

Remedy that compensates plaintiff for value of benefit plaintiff expected to receive

Question 23

Consequential Damages

Answer 23

Remedy that compensates plaintiff that are a direct and forseeale consequence of the contract not being performed.

Question 24

Incidental damages

Answer 24

Remedy for costs reasonably incurred when other party is in breach

Question 25

Reliance damages

Answer 25

Damages that put plaintiff in same position he would have been had the contract never been made

Question 26

Can plaintiff get both reliance and expectation damages?

Answer 26

No.

Question 27

Liquidated damages

Answer 27

Damages that are stipulated to in a clause in the contract

Question 28

Nominal damages

Answer 28

Damages awarded to declare contract has been breached, but plaintiff has sustained no loss