Ca Bar Remedies

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Author:
lauzguy
ID:
91143
Filename:
Ca Bar Remedies
Updated:
2011-06-27 23:15:31
Tags:
remedies lauzguy
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Description:
Remedies
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  1. Preliminary Injunction
    A preliminary injunction should be granted if the plaintiff can demonstrate irreparable injury and the likelihood that they will prevail in having a permanent injunction granted at trial.
  2. Specific Performance
    Specific performance will be granted if the plaintiff can show that the legal remedies are inadequate, the contract terms are certain and definite, it is feasible for the court to enforce the specific performance, and there is a mutuality of performance.
  3. Restitution Remedies
    • Monetary Damages
    • Replevin
    • Ejectment
    • Constructive Trust/Equitable Liens
  4. Single Lump Sum
    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.
  5. Replevin
    Plaintiff has a right to possession of a specific piece of chattel and there is a wrongful withholding by the defendant.
  6. Permanent Injunction
    I Put Five Bucks Down

    • Inadequate Legal Remedy
    • Property Right or Protectable Interest
    • Feasibility of Enforcement
    • Balancing of Hardships
    • Defenses

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