Remedies

Question 1

Legal Remedies

Can Not Rely Purely Rendering Liquid

Answer 1

1. Compensatory
2. Nominal
3. Reliance - contracts only
4. Punitive
5. Restitution
6. Liquidated damages

Question 2

Equitable Remedies

If Specific Random Rongs

Answer 2

1. Injunctive relief
2. Specific performance - contracts
3. Rescission - contracts
4. Reformation - contracts

Question 3

Equitable Defenses

Answer 3

1. Unclean hands
2. Laches

Question 4

Compensatory Damages Formula

Contracts

Answer 4

Expectation damages + consequential damages + incidental damages - failure to mitigate - costs avoided

Question 5

Compensatory Damages

Tort

Answer 5

Seek to compensate the P for their injury/harm

Medical expenses, pain and suffering, lost wages

Question 6

Expectation Damages

Contract

Answer 6

Goal is to put the injured party in the same position as if the contract had been performed

Based on the contract price for performance and FMV of performance

Question 7

Consequential Damages

Rule statement and Elements

Answer 7

Reasonably foreseeable damages other than expectation damages that are related to the tort or breach of contract

Three elements:
1. Foreseeability - must be the natural and probable consequence of the breach or contemplated by the parties at the time of contracting
2. Causation - damages were caused by D’s breach
3. Certainty - cannot be too speculative

Question 8

Reliance Damages

Contracts only

Answer 8

Damages the non-breaching party incurred in reasonable reliance on the promise that the other party would perform

CANNOT get both reliance and expectation damages - choose 1

Question 9

Incidental Damages

Contracts only

Answer 9

Damages that arise when the non-breaching party tries to remedy the breach

Question 10

Nominal Damages

Torts and Contracts

Answer 10

Plaintiff can seek nominal damages if the harm or loss is slight

Question 11

Punitive Damages + Limitations

Answer 11

Goal is to punish the D for serious misconduct, not destroy

Constitutional limitations - cannot be grossly excessive
1. Reprehensibility of the conduct
2. Ratio of compensatory to punitive damages
3. D’s wealth

Question 12

Restitution

Tort and contracts

Answer 12

Measured by the benefit conferred on D based on theory of unjust enrichment

CANNOT get both restitution and compensatory - choose 1

Question 13

Limitations on Money Damages

Answer 13

1. Actual cause - tort & contract
2. Proximate cause - tort
3. Certainty - tort & contract
4. Avoidable consequences - tort & contract

Question 14

Injunctive Relief

Answer 14

An injunction is a court order directing a person to act or refrain from acting

Torts and contracts

Question 15

Temporary Restraining Order

Answer 15

A party seeking a TRO must establish:
1. Likelihood of success on the merits
2. Irreparable harm if not granted or money damages inadquate
3. Balancing of the hardships

Can be granted ex parte
14 day max
Defenses not considered

Question 16

Preliminary Injunction

Answer 16

Same requirements as TRO but a PI:
1. Lasts up through trial
2. Requires notice and full hearing on the merits
3. Is appealable
4. Defenses are considered, and
5. P may have to post bond

Question 17

Permanent Injunction

Answer 17

Granted after case to prevent violation of P’s rights or restore rights that have been violated.

Same requirements as TRO and PI except:
1. Requires success on the merits
2. Implemented at end of trial

Does not end unless:
1. Reversed by higher court
2. Satisfied
3. Discharged

Question 18

Specific Performance

Answer 18

1. Valid contract
2. With clear and certain terms
3. Non-breaching party has satisfied any conditions precedent or they are excused so breaching party’s performance is now due
4. Money damages are inadequate
5. Feasability of enforcement
6. No valid defenses

Question 19

Rescission

Answer 19

Judicial unmaking of a contract

Must:
1. Show grounds for rescission - mutual mistake, unilateral mistake, mispresentation/fraud

Usually followed by replevin or restitution

Question 20

Reformation

Answer 20

Judicial re-writing of a contract to reflect parties’ true intent

Grounds for reformation:
1. Mutual mistake
2. Unilateral mistake
3. Fraudulent misrepresentation

Question 21

Constructive Trust

Answer 21

Judicial remedy imposing duty on D to convey property to the P

Requirements:
1. D holds title to the property subject to the constructive trust
2. D’s retention of the property would unjustly enrich D, and
3. Money damages are inadequate

Must trace to the property

If increase in value of property –> P gets that increase

Question 22

Equitable Lien

Answer 22

Forced sale of D’s property and P gets proceeds from the sale

Requirements - same as CT:
1. D holds title to the property
2. D’s retention of the property would unjustly enrich D, and
3. Money damages are inadequate

Must trace to property
P does not get increase in value of property

Question 23

Replevin

Answer 23

P can retain possession of personal property D took pending the outcome of trial

Tort - can be used to recover misappropriated money or obtained by fraud

Contract - can be used to recover goods from D that P is legally entitled to

Question 24

Ejectment

Answer 24

Must bring an ejectment action to regain possession of property held by another

Question 25

Fraudulent Mispresentation

Answer 25

Must show:
1. False assertion of fact made knowingly or recklessly without regard to its falsity
2. With intent to mislead the other party
3. That induced reliance on the contract, and
4. Justifiable reliance on misrepresentation by adversely affected party

Question 26

Unilateral Mistake

Reformation

Answer 26

Reformation is available if the other party is aware of the mistake and has either:
1. Fraudulently induced the mistaken party’s erroneous belief, or
2. Does nothing to correct the mistaken belief