Remedies

Question 1

Money Damages (Legal Remedies)

Answer 1

1. Compensatory Damages (Torts and Contracts)
2. Nominal Damages (Torts and Contracts)
3. Reliance Damages (Contracts)
4. Punitive Damages (Torts and Contracts)
5. Restitution (Torts and Contracts)
6. Liquidated Damages (Contracts)

Question 2

Equitable Remedies

Answer 2

1. Injunctive Relief (Torts and Contracts)
2. Specific Performance (Contracts)
3. Rescission (Contracts)
4. Reformation (Contracts)
5. Equitable Defenses (Torts and Contracts)
6. Constructive Trust/Equitable Lien (Torts and Contracts)
7. Purchase Money Resulting Trust (Torts and Contracts)
8. Replevin (Torts and Contracts)
9. Ejectment (Torts)

Question 3

Compensatory Damages

Answer 3

1. Compensatory (Torts)/Expectation (Contracts)
   
   • Torts: Compensate a plaintiff for harm or injury (pain and suffering, lost wages, medical expenses)
   • K: Intend to put injured party in the same position as if the contract was performed.
2. Consequential (Torts and Contracts)
   
   • Reasonably foreseeable damages other than expectation damages that are related to the tort or breach of contract. Three elements (i) foreseeability (natural and probable consequences), (ii) causation, and (iii) reasonable certainty.
3. Incidental (Contracts)
   
   • Damages that arise when the non-breaching party is trying to remedy the breach

Question 4

Reliance Damages

Answer 4

Contracts. Cannot recover reliance and compensatory damages, but discuss both. Damages that the NB party incurs in reasonable reliance upon the promise that the other party would perform.

Question 5

Nominal

Answer 5

K and Torts. P established elements of a cause of action but harm or loss is slight. P may be awarded a trivial sum of money to vindicate their rights.

Question 6

Punitive Damages

Answer 6

Torts and rarely Contracts. Meant to punish the defendant who engages in serious misconduct with an improper state of mind.

Question 7

Restitution Damages

Answer 7

Torts and Ks. Unjust enrichment theory. Measured by the benefit conferred on the defendant by the plaintiff.

Question 8

Limitations on Damages

Answer 8

1. Actual Cause (Torts and Contracts)
   
   • D must be the but for cause of the P’s injuries
2. Proximate Cause (Torts)
   
   • D’s harm must be reasonably foreseeable
3. Reasonable Certainty
   
   • Lost profits and earnings of a new business too uncertain
4. Duty to Mitigate

Question 9

Injunctions

Answer 9

Generally must show:
1. P will suffer irreparable harm
2. Hardship on P outweighs potential hardship on D
3. P is likely to succeed on the merits (or if permanent injunction, has succeeded)
4. Enforceability

TRO: no notice to D, no opportunity to be heard
Prelim Inj: notice to D, opportunity to be heard

Question 10

Specific Performance

Answer 10

Requires:
1. A valid contract exists
2. Its terms are sufficiently certain (for the court to order SP)
3. Conditions required for D’s performance excused or satisfied
4. Damages are inadequate
5. Relief is equitable, and
6. Enforcement must be feasible