Remedies

Question 1

Legal Remedies - Torts - Compensatory?

Answer 1

• General (all P’s) (pain, suffering, difigurement)
• Special (this P) (lost wages, med bills)
• Past and future (if calc’d to reasonable certainty)

Question 2

Legal Remedies - Torts - Compensatory Limitations?

Answer 2

• Causation
• Foreseeability
• Certainty
• Unavailable

Question 3

Legal Remedies - Torts - Nominal

Answer 3

No loss but right violated

Question 4

Legal Remedies - Torts - Punitive

Answer 4

1. Actual damages awarded
2. Culpability (greater than negligence)
3. Proportionate

Question 5

Legal Restitution - Tort - Money Restitution?

Answer 5

P awarded monetary value of benefit received by D; cannot have both compensatory and restitution.

Question 6

Legal Restitution - Tort - Replevin

Answer 6

Return chattel

Question 7

Legal Restitution - Tort - Ejectment

Answer 7

Return real property

Question 8

Equitable Restitution - Tort - Constructive Trust?

Answer 8

Legal fiction created to compel P to convey title to D to unjustly retained property. Requires:
1. Wrongful act
2. Title to convey
3. Inadequate legal remedy (too speculative, insolvent, unique item)
4. Property can be traced (must be solely; not comingled; think embezzled funds in home reno - not gonna work)
5. Third party priority (BFP over P but P over unsecured creditors)
6. No deficency judgment for any shortfall

Question 9

Equitable Restitution - Tort - Equitable Lien?

Answer 9

Creates security interest in property
1. Wrongful act
2. Legal title for security
3. Inadequate legal remedy (too speculative, insolvent, unique)
4. Property can be traced (ok if not solely traceable)
5. Third party priority (BFP over P but P over unsecured creditors)
6. Deficiency judgment allowed for shortfall

Question 10

Injunction - Tort - TRO

Answer 10

Preserve Status Quo; notice required; may be ex parte; short term (10 -14 days)

2. Irreparable harm
3. Likelihood of success on merits
4. Inadequate legal remedy
5. Balancing of hardships
6. No defenses (laches, unclean hands)

Question 11

Injunction - Tort - Preliminary Injunction

Answer 11

Preserve status quo pending full trial
2. Irreparable harm
2. Likelihood of success on merits
3. Inadequate legal remedy
4. Balancing of hardships
5. No defenses (laches, unclean hands)

Question 12

Injunction - Tort - Permanent Injuction

Answer 12

Court order requiring performance or prevent performance of action(s).
1. Inadequate legal remedy
2. Property interest (not in modern or California)
3. Feasibility of enforcing
4. Balancing hardships
5. No defenses (laches, unclean hands)

Question 13

Legal Damages - Contract - Five Types?

Answer 13

1. Expectation
2. Consequential
3. Incidental
4. Reliance
5. Liquidated

Question 14

Legal Damages - Contract - Limitations on Expectation and Consequential?

Answer 14

• Causation
• Foreseeability
• Certainty
• Unavoidable

Question 15

Legal Damages - Contract - Liquidated Damages Allowed When:

Answer 15

1. Difficult to calculate damages
2. Appoximation of damages
3. Not punitive (never allowed in contract)

Question 16

Legal Restitution - Contract - Three Types?

Answer 16

1. Quasi-Contract (money restitution)
2. Replevin
3. Ejectment

Question 17

Equitable Remedies - Contract - Two Types?

Answer 17

1. Rescission - invalidate contract
2. Reformation - rewrite the contract

Defenses are unclean hands and laches.

Question 18

Injuction - Contract - Three Types?

Answer 18

1. TRO
2. Preliminary Injunction
3. Specific Performance

Question 19

Injunction - Contract - Specific Performance?

Answer 19

Requires:
1. Valid contract
2. Conditions satisfied
3. Inadequate legal remedy
4. Mutuality of performance
5. Feasibility of performance
6. No defenses (laches, unclean hands, defense to contract)