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CA Remedies > Remedies > Flashcards

Remedies Flashcards

1
Q

Remedies Essay Approach

A
  1. Determine the cause of action in Q (K, Torts)
  2. Discuss legal/money damages + Limits
  3. Discuss equitable damages + Defenses
  4. Discuss restitution remedies + Defenses
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2
Q

Contract Cause of Action

A

TIP: Usually breach or anticipatory breach

  1. Sale of Land
  2. Personal Property
  3. Employment/Service Ks
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3
Q

Torts Causes of Action

A
  1. Trespass to Land
  2. Trespass to Chattel/Conversion
  3. Misappropriation of Funds (Embezzlement)
  4. Int. Torts + Negligence
  5. Financial Harm/Fraud/Misrepresentation
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4
Q

Money/Legal Damages

A
  1. Compensatory Damages - Torts v. K
  2. Expectation Damages
  3. Consequential Damages
  4. Incidental Damages
  5. Nominal Damages
  6. Reliance Damages
  7. Punitive
  8. Restitution
  9. Liquidated Damages
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5
Q

Compensatory Damages (Torts)

A

RULE: Compensate a plaintiff for injury or harm

  • Pain & Suffering, Lost Wages, Medical Expenses
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6
Q

Compensatory Damages (K)

A

RULE: Include expectation, consequential, and incidental damages

  • Must be mitigated by P.

ED + CD + ID - Fail to Mitigate - Costs Avoided

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7
Q

Expectation Damages

A

RULE: K Remedy. Puts the injured party in the same position they would be in had K performed

UCC: measure goods by a difference of K price and fair market value

Damages must be foreseeable and reasonably certain. Duty to mitigate!

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8
Q

Consequential Damages

A

RULE: K + Tort Remedy. Other damages besides ED, like loss of profit. Unique to the P.

REQ:
1. Foreseeable: natural/probable causes of tort/breach or contemplated by parties @ K form
2. Causation
3. Certainty: Determine amount with reasonable certainty

NOT RELIANCE! Cannot be speculative!

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9
Q

Incidental Damages

A

RULE: K Remedy. When the non-breaching party tries to remedy the K breach.

Ex: Buying commercially reasonable expenses or find a similar replacement to a service or good.

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10
Q

Liquidated Damages

A

RULE: K Remedy. Damages were agreed upon by the parties during K formation.

  • Enforceable if reasonable at the time of K & had to determine damages.
  • If seen more as a penalty, unenforceable.
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11
Q

Reliance Damages

A

RULE: Damages where party reasonably reliable upon the promise of another that they’d perform.

  • Must choose Reliance/Restitute OR ED

ONLY up to the K price!!

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12
Q

Restitution Damages

A

RULE: K + Tort Remedy. Measured by benefit conferred ante (D) based on unjust enrichment

K: Way to recover if breach, or Quasi-K

  1. Reasonable Value of P’s Services
  2. Cost P increased
  3. Increase in D’s wealth
  4. Fixed K price

NO Rest AND ED

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13
Q

Punitive Damages

A

RULE: Tort, rarely K Remedy. Punish D who engaged with serious misconduct with malice.

Constitutional Limits: Cannot impose “grossly excessive” punishment. No more than 9:1 ratio.

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14
Q

Nominal Damages

A

RULE: K + Torts Remedy: When P meets all elements of cause of action, but harm is slight/trivial.

  • Awarded small money or maybe litigation costs.

Not for negligence/fraud; need actual damages!

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15
Q

Limits on Monetary Damages

A
  1. Causation, Actual + Proximate
  2. Reasonable Certainty
  3. Duty to Mitigate
  4. Reduction to Benefits
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16
Q

Monetary Limits: Causation + Certainty

A

Actual: T + K. D was “but for” cause
Proximate: T: D liable for harms reasonably foreseeable
Certainty: Damages must be reasonably certain.

17
Q

Reduction for Benefit

A

RULE: P’s recovery limited if benefited from D’s breach. Not reduced from benefits from collected sources.

  • If the breach saved P money, subtract it from P’s damages.
18
Q

Duty to Mitigate

A

RULE: Torts + K Remedy: P must make a reasonable effort to mitigate damages.

Tort: Seek medical attention
K for Goods: “Cover” by seeking replacements
K for Employment: Seek comparable and reasonable alternative employment.

19
Q

Equitable Remedies

A
  1. Injunctive Relief
    - TRO, Preliminary Inj., Permanent Inj.
  2. Specific Performance
  3. K Defenses
  4. Equitable Defenses
    - Unclean Hands, Laches
  5. Recession
  6. Reformation
20
Q

Temporary Restraining Order

A

RULE: Tort + K Remedy. Form of prejudgement injunctive relief. Short period of time D does not need notice.

  • 14 to 15 days max (Fed v. CA)
  • Maintain status quo until preliminary injunction.
  • Show elements of prelim; don’t consider P’s defenses.
21
Q

Preliminary Injunctions

A

VALERIE COULDN’T READ HANDWRITING

Preliminary: Before trial and until final judgment. D needs notice _ appointment to be heard.

  1. P shows reprehensible harm (money unacceptable)
  2. P shows hardship
22
Q

Permanent Injunction

A

Permanent: After P wins cases, used to prevent further violation/restore P’s rights.

  1. P suffers reprehensible harm
  2. Hardship significantly greater than D + Third Parties
23
Q

Specific Performance

A

VALERIE UNABLE TO READ ALL!

RULE: K Remedy. The breeching party required to perform

REQ:
1. Valid K
2. Clear/Definite Terms
3. Mutuality of Performance
-
- P shows satisfaction: ready, willing, able
4. Money Damages Inadequate
5. Feasible Enforcement
6. Not Unfair
- P isn’t un
- D mis
- No unreasonable hardship
7. No Defense

24
Q

Contract Defenses

A
  1. Defense to Enforce/Formation
  2. Fail to comply with SCF
  3. Fraud/Misrepresentation on P
  4. Unilateral mistake P knows/should have known
25
Q

Rescission

A

RULE: K Remedy. Avoidance/unmaking of K.

REQ:
1. Fraud/misrepresentation, mutual mistake, unilateral mistake.
2. P returns any benefit conferred.

  • Followed by:
    1. Restitution
    2. Replevin
    3. Construction of Trust/Equitable Lein
26
Q

Reformation

A

RULE: Judicial rewriting of K or other deed to reflect parities true intent

Mutual Mistake: Both mistaken

Unilateral Mistake: One mistake, should have know to contribute, nothing to correct mistake.

27
Q

Equitable Defenses

A

VALERIE UNABLE TO READ ALL

Unclean Hands: P engaged in unethical, metered, and immoral acts.

Laches: P waited an unreasonable time to seek SP, delay prejudice D.

For SP, consult trust, equitable lien

Torts + K!

28
Q

Restitution Forms of Relief

A
  1. Money Damages
  2. Constructive Trust
  3. Equitable Lien
  4. Purchase Money Resulting Trust
  5. Equitable Defenses
  6. Replevin
  7. Ejectment
29
Q

Restitution Money Damages

A

RULE: Benefit D incurred. If money, give money back. If goods/services, give goods/services.

Mental State:
1. Conscious Wrongdoer/Acts Knowing Risk: P gets all the gains.
2. Innocent/Negligent D: Just direct benefit.

30
Q

Constructive Trust

A

RULE: Judicially imposed a duty to convey property to P, else D would be unjustifiably enriched.

REQ:
1. D holds title.
2. Retention would unjustly enrich
3. Money remedy inadequate

Tracing! Trace property from current form.

Full Satisfaction: Can get increase; stuck with decrease.

31
Q

Equitable Lien

A

RULE: Forced sale of D’s property, and P receives money from the sale.

  • Reqs the same as constructive trust.
  • Cannot reverse the increase in value.
  • If it decreases, D is still on hold.
32
Q

Purchase Money Resulting Trust

A

RULE: D purchases title when P supplied funds/consideration to buy RP

  • Trust formed, making D hold RP for P.
  • P entitled to consideration
33
Q

Replevin

A

RULE: When D takes P’s property, P may D to return. May also recover loss of use from property!

Tort: Recover many from conversion or fraud.

K: Obtain goals P legally entitled too

34
Q

Ejectment

A

RULE: Regain possession of land. Sheriff helps take possession and returns.

REQ:
1. P shows title to land
2. P has right o immediate possession

CA Remedies (5 decks)

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