Remedies - Vocabulary Memorization Flashcards
Special Damages
-Damages that are unique to the Plaintiff
-Must be specifically pleaded
-RPN = Reasonably -Certain * Proximate Cause * Not too remote
-Economic losses directly attributable
-Ex. = medical bills & loss wages
Methods for Getting Into Equity (Lively Cats Find Mice Darn Nice)
-Land is Unique
-Chattel is Unique
-Fiduciary Relationship
-Multiplicity of Suits
-Damages…too Speculative
-Not Available…the Remedy @ Law
Nominal Damages
-More Declaratory (of Plaintiff’s rights)
-Plaintiff’s rights have been violated
-Serve to vindicate Plaintiff
What is Remedy at Law
Money Damages to compensate Plaintiff for a loss and is the remedy preferred by the courts.
Restitution Remedies
…Are to prevent Unjust Enrichment of the Defendant.
Election of Remedy
Plaintiff must choose one of several available recoveries in satisfaction of a single loss. This doctrine prevents double recovery.
TORT REMEDIES
DLEID = Damages*Legal Remedy
*Equitable Remedy
*Injunction *Defenses
What are the COMPENSATORY LIMITATIONS?
*Causation
*Foreseeability
*Certainty
*Unavoidability
In Contracts = Defenses
Her Beau Loves MUMUS
Hardship / BFP / Laches / Mistake / Unclean Hands / Misrepresentation / Unconscionability / S/F / Equitable Conversion
In Tort - Defenses
Criminal Act / Laches / Unclean Hands / BFP / Freedom of Speech
Damage Calculation for Destruction of Personal Property
Market value at the time and place of destruction, less salvage, plus interest computed from time of valuation.
AGENCY
Promissory Estoppel
Allows for recovery when an individual has relied on an unenforceable contract to his detriment.
Remedy
The means by which an individual receives compensation for a breach of contract.
Specific Performance
Where a party is forced to perform under a contract.
