TORTS REMEDIES Flashcards
Damages
Injury to P
Actual
Nominal
Punitive
Restitution
Benefit to D
Legal: Money, Replevin, Ejectment
Equitable: Constructive Trust, Equitable Lien
Replevin
Recovery of specific personal property
Ejectment
Recovery of specific real property
Constructive Trust
Must convey title to P
1) D has title
2) Wrongfully acquired and retention = unjust enrichment
3) inadequate legal remedy
Tracing allowed
Equitable Lien
Security interest in specific property
1) D has title
2) wrongful acquisition traced to D
3) unjust enrichment
4) inadequate legal remedy
TRO
maintain status quo before hearing on preliminary injunction
1) irreparable injury - time frame, balance hardships
2) likelihood of success on the merits
impose bond
Preliminary Injunction
Notice and Hearing
Same as TRO
Permanent Injunction
(1) Inadequate Legal Remedy
(2) Feasible to enforce
(3) Balance Hardships?
(4) Defenses
When to balance hardships
innocent encroachment or private nuisance
Conversion damages
fair market value at time of conversion
Equitable remedies issued when
discretion of court
to avoid injustice when
no adequate remedy at law
Purchase money resulting trust
one person takes title, other supplies consideration
Restitutionary Damages
sum of money measured by value to D
must have been a tort that wrongfully benefitted D
Laches period
starts when P has knowledge
most states, cant be longer than sol for the claim
