Statutory Remedies

Question 1

Statutory Remedy General Rule

Answer 1

(1) a finding that the statute has been violated (i.e. that the harm to the plaintiff is the type of harm the statute seeks to prohibit) and (2) a showing that the remedy is proper under the statute. Brunswick v. Pueblo Bowl-O-Mat (holding that continuing to operate the bowling alleys acquired by foreclosure increased competition rather than reducing it; only the latter would violate the statute).

Question 2

Declaratory Judgment

Answer 2

Must be available by statute. DJ seek to interpret the law or interpret terms of the contract for the parties in advance of legal action. It is binding, meaning If you go to the court and ask for a DJ, then it must be followed by every subsequent court. Either party can bring the claim. Does not reach the merits of the case. Usually followed by an injunction to enforce the judgment. No contempt action if DJ is not followed.

Question 3

Statutory Damages

Answer 3

Damages must be based on harm that comes within the ambit and purpose of the statute, not a novel interpretation of harm under the statute (in Brunswick, court found no statutory violation and thus denied damages based on P’s novel theory that Brunswick interfered with its profits by increasing competition). The statute can also limit the remedies. (Ex. implied warrantly of habitability)

Question 4

Statutory Remedies Coercive Relief

Answer 4

Same coercive relief for tort/property/const.