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3-step listing of categories of remedies
- Legal Remedies
- Restitution Remedies (legal and equitable)
- Equitable remedies
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Types of Legal Remedies
- Damages: D is ordered to pay money to plaintiff
- 3 types: compensatory, nominal, punitive (except Ks)
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Types of legal restitutionary damages
- Restitutionary damages
- replevin
- ejectment
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Types of equitable restitutionary damages
- construstive trusts
- equitable leins
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Types of equitable remedies
Injunctive relief
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Requirements for: Legal remedies - damages
- Causation (but for)
- Foreseeability (proximate)
- Certainty (cannot be speculative)
- Unavoidability (P must take reasonable steps to mitigate)
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Certainty rules: economic loss vs. non-economic loss
- Economic loss: calculation must be with sufficient certainty
- Non-economic loss: Jury may award any amount
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Slap down for form of judgment payment
"The judgment must be a single lump sum payment that will be discounted to present value without taking inflation into account (except under the modern rule)"
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Three rules for punitive damages
- Must have been awarded compensatory, nominal, or tort-related restitutionary damages first
- Fault must be greater than negligence
- Awarded in amount proportional to actual damages (max. 9x)
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Three main concepts for legal restitutionary damages
- the defendant should not be unjustly enriched
- based on the benefit to the defendant
- calculated based on value of benefit received
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Definition and elements: replevin
- Plaintiff recovers possession of a specific personal property
- 1) P has right to property
- 2) there is a wrongful withholding by D
- Note: almost always accompanied w/ damages for loss of benefit of use
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Definition and 2-part test: Ejectment
- Plaintiff recovers possession of specific real property
- 1) P has a right to possession
- 2) there is a wrongful withholding
- Note: sheriff ejects D
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Definition: Constructive Trust
Imposed on improperly acquired property to which D has title. D serves as trustee only to convey property to P.
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Definition: Equitable lein
- Imposed on improperly acquired property to which D has title.
- Property subject to crt-ordered sale w/ money going to P.
- If proceeds from sale are less than FMV of property, a deficiency judgment is issued against D's assets
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4 rules for using Constructive trusts and Equitable leins
- Inadequate legal remedy (D is insolvent/property is unique)
- Tracing is allowed
- BFP prevail over P
- P will prevail over unsecured creditors
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Two part test for temporary injunctive relief
- There is irreparable injury (discuss facts/balance hardships)
- P's likelihood of success (discuss probability/bond requirement)
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4 part-checklist for injunctive relief
- Inadequate legal remedy alternative (look for repeat activities)
- Feasibility of enforcement
- Balancing of hardships
- Unclean hands
- "I'm Feeling Bold & Determined"
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4 balancing of hardship rules
- Must be gross disparity b/tw D's detriment and P's benefit
- No balancing if D's conduct is willful
- Consider awarding monetary damages
- Hardship on the public (jobs loss?)
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2 types of Compensatory damages under K's
- Direct: damages flow inherently from the wrong (expectation measure)
- Consequential: related damages foreseeable at the time of formation (flour mill case)
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2 part test for validity of liquidated damages clause & results
- Damages are very difficult to ascertain at time of K formation
- Amount is a reasonable forecast of what they would be
- If valid: only liquidated amount available
- If not: only actual damages available
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Specific performance 5-part checklist
- Contract is valid, certain, and definite
- P's obligations have been are able to be performed
- Inadequate legal remedy alternative
- Feasibility of enforcement
- Defenses
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Rule concerning SoF/Part performance doctime involving land and oral K
If one has rendered valuable part performance in reliance on the contract this will take the case out of the Statute of Frauds and specific performance will be granted
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Specific performance: 4 situations where legal remedy alternatives would be inadequate
- Damages are speculative
- D is insolvent
- Multiple suits would be necessary
- Thing bargained for is unique
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