Bar 3

Card Set Information

Author:
christinalum
ID:
89403
Filename:
Bar 3
Updated:
2011-06-07 22:55:27
Tags:
Remedies
Folders:

Description:
Remedies
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  1. Compensatory Damages
    • Req's:
    • 1) causation
    • 2) foreseeability
    • 3) certainty
    • 4) unavoidability
  2. Punitive Damages
    • Req's:
    • 1) compensatory or nominal damages
    • 2) fault greater than negligence
    • 3) proportionality with actual damages
  3. Replevin
    • Req's:
    • 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.
  4. Equitable Restitutionary Remedies
    • Constructive Trusts and Equitable Liens
    • Req's:
    • Defendant has title
    • Legal remedies inadequate
  5. Temporary/Preliminary Injunctions
    • Req's:
    • 1) Irreparable Injury
    • 2) Likelihood of success (to obtain permanent injunction)

    Bond req'd to reimburse D if P fails
  6. Temporary Restraining Order
    • Issued pending a hearing for a preliminary injunction.
    • Not req'd:
    • 1) Notice
    • 2) Adversarial proceeding
  7. 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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