Torts & Defenses To Remedies Flashcards
What are the types of damages available in tort actions?
- compensatory damages
- consequential damages
- nominal damages
- punitive damages
- restitution damages
These damages serve different purposes in tort law.
What is the purpose of compensatory damages?
To put the injured party in the same position it would have been in but for the injury.
Compensatory damages must meet certain criteria to be recoverable.
What are the four criteria that must be met to recover compensatory damages?
- Actual cause
- Proximate cause
- Certain
- Unavoidable
Each criterion addresses a different aspect of causation and loss mitigation.
How is actual cause established in tort law?
‘But for’ the defendant’s conduct, the plaintiff would not have been injured.
This is a fundamental concept in establishing liability.
What is proximate cause?
The plaintiff’s injury was a foreseeable result of the defendant’s conduct.
Proximate cause connects the defendant’s actions to the injury.
Are non-economic losses subject to the same certainty rules as economic losses in tort cases?
No, non-economic losses (e.g., pain and suffering) are NOT subject to the same certainty rules.
This distinction affects how damages are calculated.
What are nominal damages?
Available when the plaintiff has NOT suffered an actual injury but wants to establish rights.
Nominal damages serve to recognize a legal right without compensatory loss.
What conditions must be met for punitive damages to be awarded?
- Plaintiff was awarded actual damages
- Punitive damages are proportional to actual damages
- Defendant’s conduct was willful, malicious, or egregious
Punitive damages serve as a deterrent for wrongful conduct.
What is restitution damages aimed at preventing?
Unjust enrichment.
Restitution damages are awarded based on the value of the benefit conferred.
What are the two types of damages for fraud?
- Actual losses suffered
- Benefit-of-the-bargain
These types of damages address different aspects of loss in fraudulent transactions.
What can a plaintiff recover in a conversion of property case?
- Possession of the property
- Fair market value of the property at the time of conversion
Compensation may also include reasonable time spent trying to recover the property.
In an action for trespass to chattels, what are the damages awarded based on?
The actual damages suffered, which may include the cost of repairs.
This ensures that the injured party is compensated for actual losses.
How are damages measured in a trespass to land case?
- Diminution in value of the property
- Cost to repair the property
These methods assess the impact of the trespass on the property.
What is a Temporary Restraining Order (TRO)?
An emergency remedy used to maintain the status quo pending the outcome of a hearing.
A TRO is only available when the plaintiff will suffer immediate and irreparable harm.
What must a moving party show to obtain a preliminary injunction?
- Likelihood of success on the merits
- Likely threat of irreparable harm
- Balancing of hardships
- Public interest
The requirements ensure that injunctions are granted judiciously.
What is a permanent injunction?
Issued after a full trial on the merits to prevent harm that cannot be compensated by money damages.
It requires a balancing of hardships and no valid equitable defenses.
What does a declaratory judgment do?
Determines the rights and obligations of the parties.
It requires a case of actual controversy to be actionable.
What is an equitable lien?
Available if a defendant wrongfully acquired title to property and would be unjustly enriched by keeping it.
The court can force the sale of the property to ensure fairness.
What is a constructive trust?
An equitable remedy to prevent unjust enrichment from wrongful conduct.
The defendant must return the property to the plaintiff.
What does replevin allow a plaintiff to recover?
Specific personal property wrongfully withheld by the defendant.
The plaintiff may recover the property before trial under certain conditions.
What does ejectment allow a plaintiff to recover?
Specific real property wrongfully withheld by the defendant.
Ejectment actions require proof of possession and right to possess.
What is a Purchase Money Resulting Trust (PMRT)?
Arises when one party provides consideration for purchasing real property but titles it to another.
The provider of consideration is the beneficiary of the trust.
What is the defense of laches?
Bars recovery when there is an unreasonable delay in bringing an action that prejudices the defendant.
Laches ensures timely pursuit of claims.
What does the doctrine of unclean hands entail?
Bars recovery when the plaintiff has engaged in unethical or improper conduct related to the lawsuit.
This principle maintains fairness in legal proceedings.
