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- 1) causation
- 2) foreseeability
- 3) certainty
- 4) unavoidability
- 1) compensatory or nominal damages
- 2) fault greater than negligence
- 3) proportionality with actual damages
- 1) right to possession
- 2) wrongful withholding by Defendant
- Plaintiff will have to post a bond.
- Defendant may defeat immediate recovery by posting a redelivery bond.
Equitable Restitutionary Remedies
- Constructive Trusts and Equitable Liens
- Defendant has title
- Legal remedies inadequate
- 1) Irreparable Injury
- 2) Likelihood of success (to obtain permanent injunction)
Bond req'd to reimburse D if P fails
Temporary Restraining Order
- Issued pending a hearing for a preliminary injunction.
- Not req'd:
- 1) Notice
- 2) Adversarial proceeding
Legal Remedies are Inadequate when...
- Damages are speculative
- Defendant is insolvent
- Multiple suits are necessary
- The thing bargained for is unique
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