Remedies general Flashcards
May an undisclosed principal enforce a contract against a 3rd party?
Yes, unless the A fraudulently concealed the P’s identity.
When asserting a defense of laches, what must have happened?
D must have suffered some prejudice.
What is a limitation of the Unclean Hands defense?
To assert Unclean Hands, the other party must be guilty of “UNFAIR DEALING” **with respect to the TRANSACTION SUED UPON.
Which are Interlocutory Remedies?
TRO
Preliminary Injunction
What is an appropriate Remedy for TRESPASS TO LAND?
Damages
(if none, Nominal damages ok)
INJUNCTION
Ejectment
What is an appropriate Remedy for PERSONAL INJURIES?
- Special Damages – Economic Losses (med expenses, loss of earnings)
- General Damages – Noneconomic Losses – P&S, Emotional Distress, etc
Limitations: Collateral Sources rule
Avoidable Consequences doctrine
What is an appropriate Remedy for DEFAMATION?
Damages. Declaratory relief (to protect reputation -- since can't do an injunction / tricky w/prior restraint)).
What is an appropriate Remedy for PRIVACY torts?
Damages –> (Mental Anguish)
Injunction – damages inadequate bc often speculative & possible repetition.
What is an appropriate Remedy for BREACH OF CONTRACT?
Damages (for all losses proximately caused).
What is a Resulting Trust?
A remedy that’s used where one person has obtained LEGAL TITLE to property through UNJUST ENRICHMENT.
What is a Purchase Money Resulting Trust?
A resulting trust that involves sale of property where one party obtains legal title, but CONSIDERATION was supplied by another party.
Courts will imply the party holding title is the trustee, and the party furnishing consideration the beneficiary.
When must Consideration be furnished for a Resulting Trust to arise?
By Whom?
At or before the time the time the Trustee takes title.
By the Beneficiary.
Who has the Burden of Proof of a Resulting Trust?
What is the burden?
One who claims she supplied the consideration (and thus claiming to be the beneficiary).
CLEAR AND CONVINCING evidence.
When will a Resulting Trust NOT be presumed?
Where the parties are CLOSELY RELATED (assume it’s a gift) or where the trust arrangement involves an UNLAWFUL PURPOSE.*
*NB recent decisions: where gravity of purpose is slight compared to the unjust enrichment, P will not be denied relief. Will get a Resulting Trust.
What is TRACING?
a legal process by which the P may trace misappropriated money to whatever form it takes – so long as the Trust RES can be identified.
