Remedies- Restitutionary Damages

Question 1

Restitutionary Damages (Legal)

Answer 1

Legal damages

1. based on the idea that ∆ should not get unjust enrichment

Question 2

Restitutionary Damages vs. Compensatory Damages

Answer 2

1. damages based on value of benefit to defendant
   i. vs. compensatory damages
   a. compensatory looks at what π needs to be made whole
   b. restitutionary looks at how much ∆ was made better
2. bar: three possible fact patterns
   i. one: only compensatory damages available
   a. plaintiff injured, ∆ not benefitted
   b. ex. car accident, remedy is cost of injury
   ii. two: only restitutionary damages available
   a. plaintiff not injured, ∆ windfall
   b. ex. ∆ trespasses to save money, remedy is money saved by trespass
   iii. three: both compensatory and restitutionary damages available (most common)
   a. plaintiff injured, and ∆ windfall
   b. ex. ∆ steals π’s machine for use in ∆’s own business
   c. on bar: write about both compensatory and restitutionary damages, but plaintiff can only recover the larger sum
3. note: punitive damages can be attached to restitutionary damages in tort

Question 3

Replevin

Answer 3

1. replevin: π recovers possession of personal property (chattel)
   i. pre-trial remedy
   ii. executed by sheriff

Question 4

When does replevin apply

Answer 4

i. π’ has right to possession and

ii. wrongful withholding by ∆

Question 5

When / how to use repleving?

Answer 5

3. Allowed to recover chattel before the trial. To do so must:
   i. prima facie case (right to possession + wrongful withholding)
   ii. bond posted (money to compensate if the π is wrong)
4. redelivery bond defense
   i. ∆ can defeat the replevin (immediate recovery) by posting a redelivery bond
   ii. allows ∆ to keep the chattel until after the trial
5. replevin usually coupled with compensatory or restitutionary damages (for loss of use or benefit to ∆) during time of detention
   i. bar: talk about all possible remedies (compensatory + restitutionary + ejectment)

Question 6

Ejectment

Answer 6

1. equivalent for replevin for real property
   i. pre-trial remedy executed by sheriff
   ii. must be π’s right to possession and wrongful withholding by ∆
2. note: ejectment only occurs if ∆ has possession
   i. no ejectment for trespass (ex. ∆ crossing π’s lawn every day)
   ii. ejectment available for adverse possessors and holdover tenants
3. ejectment also coupled with compensatory or restitutionary damages
   i. bar: talk about all possible remedies