Remedies Flashcards
Remedies
Rule: Legal Remedies Available in Tort Action
The legal remedies for tort actions are Compensatory Damages, Nominal Damages, Punitive Damages, Restitution, Replevin, Ejectment
What legal remedy is available to recover chattels?
Replevin is a legal remedy available to recover chattels.
What legal remedy is availble to regain possession of land?
Ejectment is a legal remedy available to regain possession of land.
Rule: Nominal Damages
Nominal damages are awarded to vindicate a plaintiff’s rights in the absence of actual harm.
Rule: Compensatory damages (tort)
Compensatory damages are awarded to put a plaintiff back into the position as though the tort didn’t occur.
Rule: Equitable Remedies in a tort action
Equitable remedies for a tort action are Constructive Trust, Equitable Lien, Temporary Restraining Order, Temporary Injunction, Permanent Injunction
Rule: Punitive Damages
Punitive damages are awarded where defendant has displayed wilful, wnaton, or malicious tortious conduct
Are restitution damages available if plaintiff has received compensatory damages?
No
Rule: Restitution Damages
Restitution damages are money damages awarded to a plaintiff equal to the value of the benefit received by the defendant.
Rule: Equitable Restitution - When can it be awarded?
Award damaged when a remedy at law is inadequate.
Types of Equitable Restitution
Constructive Trust, Equitable Lien
What does plaintiff get if court creates constructive trust?
Legal title to the unjustly retained property
What does a plaintiff get if the court creates an equitable lien?
a lien on the unjustly retained property (not in full satisfaction)
When should P pursue Constructive Trust? Equitable Lien
Constructive Trust: Value of property has increased. Equitable Lien: When value of property has decreased
What remedy is available to keep one party from performing an act?
Injunction
What are the types of injunctions?
Temporary restraining order, prelimianry injunction, permanent injunction
Rule: showiong needed for TRO
irreperable harm, likelihood of success on merits, inadequate legal remedy, balancing hardships, no defenses) (Irish Lads Inhale Beer in Dublin)
Rule: Defenses to a TRO
Laches (Time Delay); Unclean Hands (Plaintiff in bad faith)
Purpose of preliminary injunction
preserve status quo before trial
What is a permanent Injunction and when is it awarded?
Court orders one to perform act or stop performing after full trial on the merits.
What remedies are available to plaintiffs in contract actions?
Legal damages - Expectation, consequential, incidental, reliance, liquidated, nominal, punitive; legal restitution; equitable remedies (recission, reformation); injunction
Expectation Damages
Remedy that compensates plaintiff for value of benefit plaintiff expected to receive
Consequential Damages
Remedy that compensates plaintiff that are a direct and forseeale consequence of the contract not being performed.
Incidental damages
Remedy for costs reasonably incurred when other party is in breach
Reliance damages
Damages that put plaintiff in same position he would have been had the contract never been made
Can plaintiff get both reliance and expectation damages?
No.
Liquidated damages
Damages that are stipulated to in a clause in the contract
Nominal damages
Damages awarded to declare contract has been breached, but plaintiff has sustained no loss
