Remedies

Question 1

Types of Tort Damages

Answer 1

Compensatory
Nominal
Punitive

Question 2

Compensatory Tort Damages

Answer 2

-put plaintiff in same position he was in before the tort occured
-compensates for past, present and future harms
-general (noneconomic) damages such as pain and suffering are recoverable if physical harm was suffered
-Special (economic) damages are awarded for out of pocket expenses such as medical expenses, lost wages, and property loss
-hedonic loss: loss of enjoyment of life
-emotional distress allowed for intentional/outrageous conduct or if ancillary to physical harm. recovery in negligence is limited unless zone of danger/ relationship+proximity

Question 3

Nominal Damages

Answer 3

awarded when P has a cause of action but suffered little or no harm

Question 4

Punitive Damages

Answer 4

to punish D who engages in serious misconduct with improper state of mind
usually cannot exceed compensatory damages by a double digit factor

Question 5

Types of Damages for Contracts

Answer 5

Compensatory OR
Reliance Damages
Restitution Damages
Nominal Damages
Liquidated Damages
[CORRNL]

Question 6

Compensatory Contract Remedies

Answer 6

puts plaintiff in as good a position as the performance would have done
expectation + consequential +incedental damages - mitigation

Question 7

Incidental Damages

Answer 7

reliance type damages, such as delivery, transportation, storage expenses

Question 8

Reliance Damages

Answer 8

expenditures made in preparation and for performing contract, cannot exceed contract price

Question 9

consequential damages

Answer 9

arises as a consequence ov breach and are reasonably foreseeable at time of contracting. typically lost profits and out of pocket expenses

Question 10

Restitution

Answer 10

damages measured by the value of the benefit conferred

Question 11

Liquidated Damage

Answer 11

agreement on damages made during formation
must be reasonable

Question 12

General Damages considerations

Answer 12

damages must be established with reasonable certainty
P has a duty to mitigate or avoid avoidable consequences
Reduction for any savings stemming from D’s wrong, but not for collateral source of benefits

Question 13

Temporary Restraining Order

Answer 13

-TROs are intended to preserve the status quo prior to hearing
-can be issued ex parte, but not effective until D receives notice
-cannot exceed 14 days (15 in California)
Elements:
-immediate irreparable harm
-balance of hardships
-likelihood P will succeed on merits

Question 14

Permanent Injunction

Answer 14

P has acheived success on the merits
p will suffer irreparable harm wihtout injunction,
balancing of hardships
Defenses: laches and unclean hands

Question 15

Preliminary Injunction

Answer 15

to preserve status quo pending trial
D is entitled to notice and opportunity to be heard
elements: Irreparable harm (inadequate remedy at law)
Balance of the hardships
Likelihood that P will succeed on merits

Question 16

Laches

Answer 16

P’s claim for equitable relief may be time barred if the delay in asserting P’s rights has caused unfair prejudice to D

Question 17

Unclean hands

Answer 17

P is not entitled to equitable relief if P has acted in bad faith

Question 18

Specific Performance

Answer 18

equitable contract remedy by which a party is forced to perform
1) valid contract with certain terms
2) inadequate remedy at law
3) conditions have been satisfied (mutuality)
4) fairness/ equity
5) feasibility (no indentured servitude)
Defenses: laches and unclean hands

Question 19

Recission

Answer 19

Undoes a contract
P must give notice and return beenfits of contract prior to filing suit
Once contract is rescinded, P can pursue resitution or replevin
grounds: fraud, mistake, duress, undue influence

Question 20

Reformation

Answer 20

correct the contract so it reflects meeting of the minds
mutual mistake
unliateral mistake only if fraud

Question 21

Restitution (money damages)

Answer 21

used when P confers a benefit on D and it would be unjust for D to keep the benefit
measured by: value to defendant, cost to plaintiff, market value, or stipulated price

Question 22

Constructive trust

Answer 22

type of restitution
judicial remedy that imposes a duty to convey property back to P
used when value has increased and proeprty is specifically identifiable
can be traced if the property has been sold and/or used to acquire new property
exceptions: bona fide purchasers, theives

Question 23

Equitable Lien

Answer 23

imposes a lien on D’s property
used when value of propery has decreased because D is liable for deficiency

Question 24

Subrogation

Answer 24

permits P to stand in shoes of creditor if D is unjustly enriched and P’s property was used to discharge an obligation on D’s property

Question 25

Replevin

Answer 25

tort action to recover personal property and damages for loss of use

Question 26

Ejectment

Answer 26

P must establish title to the land and right to immediate possession in order to regain possession.
can also get damages for loss of use and harm to land