Specific Torts/Real Property Available Remedies

Question 1

What are the available remedies for destroyed property?

Answer 1

Compensatory damages

Question 2

What are the available remedies for damaged property?

Answer 2

Compensatory damages

Question 3

What are the available remedies for destroyed disposition?

Answer 3

(ii) Compensatory Damages
(ii) Restitutionary Damages
If defendant benefits
(iii) Replevin
(iv) Mandatory Injunction- If chattel unique and damages and replevin won’t work
(v) Constructive Trusts/Equitable Liens- Particularly if defendant is insolvent and/or “tracing” facts are involved
(vi) Self-Help- Reasonable force to recapture

Question 4

What are the available remedies for simple trespass?

Answer 4

(ii) Nominal Damages
(ii) Restitutionary Damages
(iii) Injunction: Avoiding multiplicity of actions

Question 5

What are the available remedies for destruction/damage of realty?

Answer 5

(ii) Compensatory Damages

(ii) Injunction

Question 6

What are the available remedies for dispossession of realty?

Answer 6

(ii) Compensatory Damages
(ii) Restitutionary Damages
(iii) Ejectment: Since it’s available, no injunction
(iv) Constructive Trusts/Equitable Liens

Question 7

What are the available remedies for encroachment?

Answer 7

(ii) Compensatory Damages

(ii) Injunction: Probably emphasize balancing of hardships

Question 8

What are the available remedies for nuisance?

Answer 8

(ii) Compensatory Damages

(ii) Injunction: Probably emphasize balancing of hardships

Question 9

In personal injury torts what kind of remedies are available?

Answer 9

1. Compensatory damages and

2. Injunction

Question 10

What rules apply to personal injury torts for compensatory damages that involve economic or special damages?

Answer 10

Certainty rules. (how much you would actually make form lost earning etc)

Question 11

Do the certainty rules apply to non-economic or general damages (e.g pain and suffering)?

Answer 11

Certainty rules do not apply.

Question 12

For compensatory damages, what kind of payment is necessary?

Answer 12

A lump sum payment that is discounted to present value without taking inflation into account.

Question 13

When is an injunction available for a personal injury tort?

Answer 13

Only against prospective intentional tortious conduct.

Question 14

What remedies are available for Fraud?

Answer 14

(1) Damages

(2) Constructive Trusts/Equitable Liens