Remedies Flashcards
torts remedies
d l e i
damages
legal
equitable
injunction
legal damages - torts
g s n p
legal damages are a legal remedy awarded to make a plaintiff whole. all compensatory damages must be causation, foreseeable, certainty, and unavoidable. pure economic loss is not recoverable absent a showing of property damage or personal injury
general damages - all P’s
special damages - this P
nominal - no damage
punitive - willful and wanton. damage award, culpability greater than negligence, and relative proportionality
legal restitution - torts
m r e UNFAIR!
as appropriate where def has deceived the P or where unjust enrichment would occur and would be unfair to allow def to keep that benefit, or P just wants property back. can have compensatory or money damages but not both
money = a legal remedy where the P is awarded the monetary value of the benefit the def received
replevin- allows the recovery, before trial, of chattel wrngfully taken
ejectment - recovery of specific real property
equitable restitution - torts
ct el inj
available only when the remedy at law is inadequate. the goal of any equitable remedy is to prevent unjust enrichment
constructive trust
a constructive trust restores property to the plaintiff that has been wrongfully acquired by the def. and compels the defendant to transfer the unjustly retained property
req’s
wrongful act
legal title to convey
inadequate legal remedy - insolvent D, money damages too speculative, property is unique
property can be traced- even if in another form, plaintiff receives the benefit of any increase in value, must be solely traceable, lowest intermediate balance rule applies when commingled
BFP has priority over plaintiff but not unsecured creditors
equitable lien
a court will make an equitable lien as collateral on property that def owns for the money that he owes plaintif
req’s
wrongful act
legal title
inadequate legal remedy
property is traceable, does not need to be directly traceable
injunction
TRO, prelim, permanent
an equitable remedy where the court forces an action (positive injunction) or prevents an action from happening (negative injunction) there are three types:
TRO
temporary maintenance of the status quo and can even be done ex parte req's irreperable harm likely success on merits inadequate legal remedy balancing of hardships
prelim
same as TRO but D gets to plead their case
defenses laches or unclean hands
perm
inadequate legal remedy property interest feasibility balance of equities defenses , none laches, unclean hands
K legal damages
EriC Is Really Lame
legal damages are appropriate when the defendant is in breach and P wants money to compensate for loss. Any damages received must be caused by breach, certain, foreseeable, and unavoidable with the exception of liquidated
expectation
compensate P for the value of the benefit plaintiff expected to receive from teh contract
consequential
compensate for damages that are direct and foreseeable in addition to expectation damages
incidental
reasonably incurred by a buyer in rejecting ninconforming goods
reliance damages
plaintiff in the same position as if the contract was never made. the measure is the cost to the plaintiff of his performance
