Restitutionary Remedies

Question 1

Torts - Restitutionary Legal Remedies

K - Restitutionary Legal Remedies

Answer 1

Torts:
—Restitutionary Damages
—Replevin
—Ejectment

K:
—Restitutionary Damages

Question 2

Restitutionary Damages

Answer 2

Get value conferred to D

Argue alongside compensatory damages, but app gets one

(Torts and K’s - Restitutionary Legal Remedy)

K’s:
1. K Unenf or D Breached = P can get more than K rate

2. P Breached = capped at K rate and reduced by amount
3. If property unique or d insolvent, ask argue for getting property back

Question 3

Replevin

Answer 3

P right to possession of personal prop + D wrongful withholding = get property before trial

Bond req; D redelivery bond
Coupled w damages

(Torts - Restitutionary Legal Remedy)

Question 4

Ejectment

Answer 4

P right to possession of real property + D wrongful withholding = get back

D must have possession of land
Couple with damages

(Torts - Restitutionary Legal Remedy)

Question 5

Torts - Restitutionary Equitable Remedies

Answer 5

Constructive Trust

Equitable Lien

Question 6

Constructive Trust and

Equitable Lien

Answer 6

CT: Trust implied by court to get property to intended beneficiary (determined by the court) - Best when value has increased since taking

EL: Court directed sale + proceeds to P + deficiency judgment against D based on FMV at taking - Best when value has decreased since taking

Need inadequate legal remedy (D insolvent or property unique)

BFP (but tracing ok) > P > unsecured creditors

Torts - Restitutionary Equitable Remedies