Tort remedies Flashcards

1
Q

Misappropriation of money

A

Damages: plaintiff may bring an action for conversion
restitution:
-quasi K
-constructive trust: stolen money must be specifically identified and traced to possession of wrongdoer
-equitable lien: if constructive trust cannot be imposed bc title was not acquired w/ stolen money, but misappropriated money can be traced to an improvement on property, equitable lien may be put on property

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2
Q

destruction of chattel

A

may recover value of the chattel at the time of destruction, less salvage, plus interest

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3
Q

injury to chattels

A

plaintiff may recover either decrease in value to the chattel or the cost of repair

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4
Q

Dispossession of chattels:

A

conversion damages: appropriate only if dispossession caused substantial interference w/ P’s ownership rights

damages: measured by market value of property at time of conversion plus interest

P must also recover fair compensation for time and money properly expended in pursuit of property

Alternatively may seek restitutionary remedies (replevin, quasi K, constructive trust, equitable lien)

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