Remedies

Question 1

Legal Restitutionary Remedies (Contracts and Torts)

Answer 1

Replevin: Recovery of personal property

Ejectment: Regain possession of real property

Question 2

Equitable Restitution Remedies

Answer 2

Constructive Trust: D improperly acquires title and is directed to serve as trustee to return to P. Use when property value increases
1. D has title;
2. title traced to property D wrongfully acquired
3. D’s retention would be unjust enrichment

Equitable Lien: D improperly acquired title of property and is directed to conduct immediate cost-directed sale. Use when property value decreases
1. D misappropriated under circumstances creating debt or obligation to pay
2. P’s prop can be traced to prop held by D
3. D’s retention would be unjust enrichment