Remedies Flashcards

1
Q

Types of Tort Damages

A

Compensatory
Nominal
Punitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Compensatory Tort Damages

A

-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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Nominal Damages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Punitive Damages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Types of Damages for Contracts

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Compensatory Contract Remedies

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Incidental Damages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Reliance Damages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

consequential damages

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Restitution

A

damages measured by the value of the benefit conferred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Liquidated Damage

A

agreement on damages made during formation
must be reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

General Damages considerations

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Temporary Restraining Order

A

-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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Permanent Injunction

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Preliminary Injunction

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Laches

A

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

17
Q

Unclean hands

A

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

18
Q

Specific Performance

A

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

19
Q

Recission

A

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

20
Q

Reformation

A

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

21
Q

Restitution (money damages)

A

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

22
Q

Constructive trust

A

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

23
Q

Equitable Lien

A

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

24
Q

Subrogation

A

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

25
Q

Replevin

A

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

26
Q

Ejectment

A

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