Remedy 11-20 Flashcards
When will a quasi-contractbe created?
If:
The plaintiff confers a benefit upon the defendant;
The plaintiff had a reasonable expectation he would be compensated for the benefit;
The defendant requested the benefit; AND
The defendant would be unjustly enriched (if not forced to compensate the plaintiff).
Priority: Medium
How does Reformationallow a contract to be changed, and when is it available?
It allows a contract to be changed to conform to the parties’ original intent.
It is available if a valid contract exists, BUT there was a misrepresentation OR mutual mistake of material fact.
*Will not be reformed if a valid equitable defense exists.
Priority: HIGH
When is a Rescission of a contract an available remedy?
It is available when there was a problem with the formation of a contract and treats the original contract as cancelled.
BUT, a contract will NOT be rescinded if:
A valid equitable defense applies; OR
The plaintiff sued for damages under the contract in a prioraction.
Priority: HIGH
When is Specific Performance available?
When:
A valid contract exists with clear and definite terms;
The plaintiff has performed under the contract or is ready, willing, and able to perform;
Legal remedies are inadequate;
Enforcement is feasible for the court; AND
No valid equitable or contractual defenses exist.
Priority: HIGH
What are the available legal remedies in
tort actions?
Compensatory damages
Nominal damages
Punitive damages
Restitution damages
Priority: Medium
What are Compensatory Damages?
Damages that are an attempt to put the injured party in the same position it would have been in but forthe injury.
To recover, damages must be:
Caused by the defendant;
Foreseeable;
Certain; AND
Unavoidable.
Priority: HIGH
When are Nominal Damages available in a tort action?
When the plaintiff has NOT suffered an actual injury, but still wants to establish his rights.
*They are not available where either damages or actual injury is an element to a cause of action.
Priority: Medium
When are Punitive Damages available in a tort action?
They are awarded to punish the defendant, and are available if:
The plaintiff was awarded actual damages;
The punitive damages are proportional to the actual damages; AND
The defendant’s conduct was willful, malicious, or egregious (more than negligent).
Priority: Medium
What are the damages awarded for Fraud?
Either:
The actual losses suffered (difference in what the plaintiff gave and received); OR
The benefit of the bargain (difference in what he received and what he was fraudulently led to believe he would receive).
Priority: Medium
What are the damages for conversion of property?
Either:
Possession of the property; OR
The fair market value of the property at the time of the conversion.
Priority: Medium
