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Compensatory Damages
Req's:
1) causation
2) foreseeability
3) certainty
4) unavoidability
Punitive Damages
Req's:
1) compensatory or nominal damages
2) fault greater than negligence
3) proportionality with actual damages
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
.
Equitable Restitutionary Remedies
Constructive Trusts and Equitable Liens
Req's:
Defendant has title
Legal remedies inadequate
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
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
Author
christinalum
ID
89403
Card Set
Bar 3
Description
Remedies
Updated
6/8/2011, 2:55:27 AM
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