Tort Remedies Flashcards
What types of damages does the plaintiff receive if the plaintiff was injured and the defendant received no benefit?
Tort Remedies
Compensatory Damages
What types of damages does the plaintiff receive if the plaintiff was slightly injured and the defendant received a benefit?
Tort Remedies
Nominal or Restitution Damages
What types of damages does the plaintiff receive if the plaintiff was injured and the defendant received a benefit?
Tort Remedies
Compensatory or restitutionary
Both are available, but the plainiff can only receive one.
Define
Compensatory Damages
Tort Remedies
The plaintiff is entitled to compensatory damages to put him in the position he would have been in had the wrong/injury not occured.
What are the requirements for receving compensatory damages?
Tort Remedies
- The damage was foreseeable
- Was caused by defendant’s behavior
- The plaintiff can prove damages with reasonable certainty and
- The damage was unavoidable
When can a plaintiff recover nominal damages?
Tort Remedies
When there is no injury.
Define
Restitutionary Damages
Tort Remedies
The amount required to prevent the defendants unjust enrichment.
The plaintiff may choose between compensatory or restitutionary, but not both.
What is the property difference between replevin and ejectment
Tort Remedies
Replevin is for the recovery of personal property
Ejectment is for the recovery of real property
What are the requriments for replevin and ejectment?
Tort Remedies
- The plainiff has the right to posession
- The defendant has wrongfully held posession.
Define
Constructive Trust
Tort Remedies
A constructive trust occurs when the defendant improperly acquires title and is then directed to serve as trustee to allocate the property to the plaintiff.
ISSUE SPOT: Use when the property value increased.
What are the requirements to a constructive trust?
Tort Remedies
The requirements are:
1. The defendant has title
2. The title can be traced to property the defendant wrongly acquired
3. the defendant’s retention would be unjust enrichment
4. the platinff has no adequate legal (money) remedy
Define
Equitable Lien
Tort Remedies
The defendant improperly acquires title of real property and is directed to conduct an immediate cost directed sale
ISSUE SPOT: Use when the property value has decreased.
What are the requirements of an equitable lein?
Tort Remedies
The requirements are:
1. The defendant misappropriated under the circumestances and created debt,
2. The plainitff’s property can be traced to property held by the defendant;
3. the defendant’s retention would be unjust enrichment
What are the three types of injuctive relief?
Tort Remedies
- Temporary Restraining Order
- Preliminary Injunction
- Permanent Injunction
What are the requirements for injunctive relief?
Tort Remedies
- Inadequate Legal Remedy
- Property right
- Feasibility of enforcement
- Balancing of the hardships
- Defenses
Mnemonic: I Paid for Bono’s Dog
What is unique about a TRO?
Tort Remedies
- Will be in place for 14 days
- No balancing of hardship requirement
- No notice and ex-parte
What is unique about a preliminary injunction?
Tort Remedies
- Will maintain status quo through trial
- Requires notice to the defendant and a chance to be heard
- Does require balancing of hardships
What are the defenses to a tort remedy?
- Laches
- Unclean Hands
- Impossibility
- Free Speech
Define
Laches Doctrine
Tort Remedies
Latches occurs when the plaintiff fails to assert their rights in a timly manner and the delay unduely burdens the defendant.
Define
Unclean Hands Doctrine
Tort Remedies
When the plaintiff acted unethically or in bad faith in regards to the complaint.
