Remedies

Question 1

Types of Remedies

Answer 1

(1) Money damages
(2) Restitution
(3) Equitable remedies

Question 2

Equitable Relief

Answer 2

consists of non-monetary remedies that are granted when monetary damages are not sufficient or adequate to repair the injury suffered by the plaintiff.

Question 3

Injunctive Relief

Answer 3

a court order to do or refrain from doing something.

Question 4

Injunctive Relief - ELEMENTS

Answer 4

(1) inadequate remedy at law
(2) irreparable harm
(3) balance of hardships
(4) public interest/status quo
(5) likelihood of success on merits
(6) immediate harm

Question 5

Injunctive Relief - ELEMENT Details

Temporary Restraining Order (1-6)

Preliminary Injunction (1-5)

Permanent Injunction (1-4)

Answer 5

(1) inadequate remedy at law -
The court must look at whether money damages are sufficient to compensate the plaintiff for their loss. Additionally, the court will consider if the measure of damages is uncertain or difficult to ascertain.

(2) irreparable harm - (Future Harm) - The court must consider whether it is likely/probable that the plaintiff will suffer irreparable harm if the remedy is not granted. A mere possibility of irreparable harm is insufficient.

(3) balance of hardships - The court must balance/weigh the hardships that each party would suffer if the remedy were granted. (P’s harm if TRO not granted v. D’s harm if granted)

(4) public interest/status quo - When considering the public interest, the court will assess if granting the TRO will cause harm to the general public. However, the court may also look at whether it is necessary to maintain the status quo (last peaceable uncontested status) between the parties until the underlying claim is adjudicated.

(5) likelihood of success on merits - The Plaintiff must show that there is a likelihood they will succeed on the merits of the underlying claim. The Court will only review if there is evidence supporting the Plaintiff’s underlying claim but will not fully analyze the issues or defenses.

(6) immediate harm - Plaintiff must show that in the absence of a TRO, immediate harm will occur.

Question 6

Temporary Restraining Order (TRO) (1-6 elements)

Answer 6

is designed to deal with emergency situations when it is necessary to preserve the status quo long enough for a preliminary hearing to take place.

Question 7

Preliminary Injunction (1-5 elements)

Answer 7

is usually established as an extension to a TRO in order to determine if court intervention should continue after a TRO has been granted. A PI is a temporary injunction used to prevent injury from occurring before the court has a chance to decide the case.

Question 8

Permanent Injunction (1-4 elements)

Answer 8

is a court order designed to avoid future harm (only be issued after full trial on Merits)

Question 9

Specific Performance

Answer 9

is a mandatory decree ordering a party to perform a promise under a contract. SP may not be used to enforce contracts for personal services since it would amount to involuntary servitude under the 13th amendment.

Question 10

Specific Performance - ELEMENTS

Answer 10

(1) Inadequate remedy at law
(2) Valid and enforceable contract
(3) Satisfaction of Plaintiff’s condition
(4) Mutuality of Performance
(5) Feasibility of Performance

Question 11

Specific Performance - ELEMENT Details

Answer 11

(1) Inadequate remedy at law - a legal remedy is inadequate when money damages would be speculative, the harm is not yet ripe, or in a situation involving unique real or personal property. (Land will always be considered unique/ Items based on facts)

(2) Valid and enforceable contract - There must be a valid, enforceable contract constituting an offer, acceptance, and consideration. The contract terms must be certain and definite.

(3) Satisfaction of Plaintiff’s condition - The Plaintiff must be able to show that their contract’s conditions have been fulfilled, satisfied, or excuses. Alternatively, Plaintiff can also claim that they are ready and willing to perform.

(4) Mutuality of Performance - Traditionally, SP would not be enforced if the remedy were not mutual, meaning, not also available to the opposing party. However, modernly, SP will be granted even if the remedy is not mutual. (Only address traditional if implicated)

(5) Feasibility of Performance - To decree SP of a contract, the court must be able to reasonably enforce and supervise the decree. (Look if the court would need to monitor)

Question 12

Replevin (only applies to personal property)

Answer 12

is an action for repossession of property where the Plaintiff recovers possession of specific personal property. The plaintiff must show the plaintiff has a right to possession and there is a wrongful withholding by the Defendant.

Question 13

Rescission (Makes OG K void/ rescinded)

Answer 13

is an equitable remedy applicable only to contracts which allows a contractual party to cancel the contract based on several different grounds.

Question 14

Reformation (change to written K)

Answer 14

is the changing of a written agreement to conform to the parties’ original understanding. Since it requires a written agreement, it’s only applicable to contracts.

Question 15

Ejectment (applies to real property)

Answer 15

is an action for repossession of property where Plaintiff seeks to recover possession of specific real property. The plaintiff must show the plaintiff has a right to possession and there is a wrongful withholding by Defendant. There must be more than just a mere trespass. The defendant must have actual possession of the whole property.

Question 16

Equitable Defenses

Answer 16

Laches
Unclean hands
Estoppel
Unconscionability
Misrepresentation
Mutual mistake
Unilateral mistake

Question 17

Compensatory Damages

Answer 17

are meant to return the plaintiff to the position they would have been in had the harm not occurred. To determine the appropriate measure of recovery, the general purpose of damages is to compensate the injured party. (Place party in position as no wrong had been committed)

Question 18

Expectation Damages

(in contracts)

Answer 18

Intended to put the party in the position they would have been in had the K been performed. K damages (difference between the sales price of K and the FMV of the property/ goods at the time that conveyance should have taken place)

Question 19

Reliance Damages

(in contracts)

Answer 19

intended to put the plaintiff in the position it would have been if the contract/promise had never been made. Reliance damages are used when courts cannot calculate losses with reasonable certainty, they can allow recovery based on a reliance interest. Reliance damages would compensate the Plaintiff for any expenses incurred so far, but not for any profits that might have been generated if the promise had been performed.

Question 20

Incidental Damages

(in contracts)

Answer 20

are used when the plaintiff incurs incidental costs that were not expected in the normal execution of the contract but arose due to the breach of the contract. The plaintiff will be reimbursed for reasonable expenses incurred by one party to a contract as a result of the other party’s breach. These costs must be directly associated with the breach. (Ex: Costs to ship/ store goods, etc)

Question 21

Consequential Damages

(in contracts)

Answer 21

are damages that can be proven to have occurred because of the failure of one party to meet a contract obligation. Consequential damages include reasonably foreseeable damages at the time of contracting, which arise due to the breach, usually consisting of lost profits. The Non-breaching party must disclose this, or the breaching party must have reason to know. (Included losses such as lost profit)

Question 22

Liquidated Damages

(in contracts)

Answer 22

a written clause providing for a reasonable estimate of losses. A liquidated damages clause is considered unreasonable and unenforceable if it bears no reasonable relationship to the range of actual damages that the parties should have anticipated would flow from a breach. To be enforceable, it must be a reasonable estimate of the loss caused by the beach. Reasonableness is measured in light of anticipated harm or actual harm suffered.

Question 23

Lost Volume Seller

Answer 23

one whose willingness and ability to supply is unlimited in comparison to the demand. This allows for the recovery of lost profits despite the resale of the services that were the subject of the contract if the seller can prove that they would have entered into both transactions but for the breach.

Question 24

General Damages

(in torts)

Answer 24

refers to damages not measurable in market terms such as emotional distress, pain and suffering, future losses

Question 25

TYPES of General Damages

(in torts)

Answer 25

Pain and suffering
Emotional distress
Intrinsic value
Loss of consortium
Loss of enjoyment of life
Future earnings
Potential exposure

Question 26

Special Damages

(in torts)

Answer 26

refers to out of pocket losses such as medical expenses and lost wages, which can be proven

Question 27

TYPES of Special Damages

(in torts)

Answer 27

Medical expenses
Lost wages
Property loss
Loss of use

Question 28

Punitive Damages

(in torts)

Answer 28

designed to deter from harming others, are intended to punish and deter willful, excessive wrongful conduct that is malicious, fraudulent, or oppressive. Must be attached attached to compensatory, nominal, or restitution damages. Cannot be awarded on contract or negligence claims

Question 29

Wrongful Death

(in torts)

Answer 29

allow a decedent’s surviving relatives to file a suit for injuries suffered by them as a result of the decedent’s death.

Question 30

Limitations on Compensatory Damages

Answer 30

Certainty
Foreseeability
Causation
Mitigation

Question 31

Restitutionary Relief

Answer 31

a person who Is unjustly enriched at the expense of another is subject to disgorgement of profits—calculated based on the unjust enrichment to the D, not the loss to the P.

Question 32

TYPES of Restitution Relief

Answer 32

Quasi-K:
an Obligation imposed in law because of the conduct of the parties or because one of them would be unjustly enriched.

Constructive Trust (raise EL too):
a trust imposed on equitable grounds against one who has obtained property by wrongdoing, thereby preventing the wrongful holder from being unjustly enriched. A constructive trust arises out of the operation of law to prevent a defendant from wrongfully benefitting from property, which can be TRACED to the plaintiff, of which the defendant has a title.

Equitable Lien (Commingling):
a right, enforceable only in equity, to have a demand satisfied from a particular fund or specific property without having possession of the fund or property. Equitable liens are granted where the defendant’s property cannot be traced solely to P’s property. causes immediate sale of property (Cut-off if transferred to a BFP)

Tracing:
where a wrongdoer mingles wrongfully and rightful acquired funds, the owner of the wrongfully acquired funds is entitled to a pro rata share. A plaintiff’s right to recover under a tracing theory is limited by their ability to actually trace the proceeds. If the property is traced solely to the plaintiff, then a constructive trust is appropriate. Where a property is traced to commingled funds, an equitable lien is appropriate.