remedies Flashcards
compensatory damages equation
expectation + consequential + incidental - (failure to mitigate + costs avoided)
compensatory damages torts
injury, pain and suffering, med expenses, lost wages
compensatory damages contracts
injured party in same position as if K was performed. K price and FMV
consequential damages
foreseeable: natural and probable consequences or actually contemplated by parties at time of K
causation: damages caused by D’s action
certainty: $ amount with reasonable certainty
liquidated damages
enforceable unless unreasonable in light of
-anticipated loss at time K was entered into
-actual loss caused by breach
reliance damages
incurred in reasoanble reliance upon promise that other party will perform
restitution
measured by benefit conferred on D by P and unjust enrichment theory
incidental damages
from trying to remedy breach
TRO/Prelim injunction elements
-P suffers irreparable harm, $ not enough
-likelihood of success on merits
-balancing burdens: P>D
-enforceability /supervision by court
permanent injunction
-irreparable harm, $ not enough
-balancing burdens: P>D
specific performance
-valid K
-no defenses
-condition precedents satisfied: such that performance is due from party seeking to compel
-terms definite enough for order
-laches/unclean hands/inequitable
-irreparable harm ($ not enough)
-enforceability
rescission
avoiding or unmaking of K if:
-grounds (misrepresentation/fraud, mutual mistake, unilateral mistake)
-P gave notice to D when grounds discovered
- at law: return benefit when filed action; at equity: return benefit after suit concluded
reformation
judicial rewriting
if mutual mistake or unilateral mistake (if other party knew of mistake or fraudulently induced)
constructive trust
-unjust enrichment of D
-D holds title to property subject to constructive trust
-traceable to current form
-legal remedy is inadequate
-if granted, P’s claim is fully satisified
equitable lien
-unjust enrichment of D
-D holds title
-$ is inadequate
-traceable to current form
-can get additional satisfaction if forced sale doesn’t cover original amount