remedies

Those natural and expected from the claim

often unique, based on individualized facts, must be proven specifically

• Causation
• Foreseeability
• Certainty
• Avoidable Consequences(mitigation)
• Agreed Remedies (liquidated Damages)

Proximate cause and limit on scope of duty

Contemplation of the parties

• Were the damages foreseeale at the time of contracting
• General are presumed, but special must be brought within the contemplation of the parties

What tehy in fact know, or what they should have known if they had given it thought

• Fact of damages
• Amount of damages

reasonable showing of the amount of damages will suffice

Damages that could have been avoided by actions of a reasonable person are not recoverable

Amount Recoverable is equal to the percent of chance multiplied by the total value of a complete recovery

Where damage is certain result of the wrong, and uncertainty is respect to only the amount, then liberalize rule

Defendant whos wrongful conduct rendered it difficult to ascertain the precise damages is not entitled to complain that they cannot be measured with precision

If proposed treatment could aggravate existing condition, or develop additional condition, or if prospect for improved health is slight there is no duty to undergo treatment

• Amount fixed is a reasonable forecast of just compensation and
• the harm that is caused by the breach is one that is incapable or very difficult of estimation

• only at an amoiunt which is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss
• a term fixing unreasonably large damages is unenforcable as it is a penalty

• conduct must be more than negligent, but not necessarily intentional
• Conscious or criminal indifference, wanton, malic, reckless disregard

• 1. degree of reprehensibility
• 2. Disparity between harm to plaintiff and amount of punitives (ratio)
• 3. Comparable Civil Penalties

whether the remedy at law compares favorably with the remedy afforded by an equity court

as complete, practical and efficient as the equitable remedy

any wrongdoing of Plaintif bars equitable Relief

Acts to prevent a party who has misrepresented a fact from denying his representations regarding that fact

• Recipient mst have justifiably relied upon misrepresentation
• Reliance must have substantially prejudiced the party who relied

Promissory Estoppel involves a clear and definite promis, Equitable Estoppel involves missrepresentation

An unreasonable delay in pursuing a claim in equity that prejudices the adversary

induce compliance, protect/compensate party

Punish/Vindicate Court

• Immediate and irreparable injury, loss or damage, will result before the adverse party can be heard
• Movant's attorney certifies in writing any efforts made to give notice, and reasons why it shouldnt be required

• State date and Hour issued
• Describe injury and why its irreparable
• state why it was issued without notice

• State reasons why it issued
• terms
• describe in reasonable detail the act or acts restrained or required

• Likelihood P will prevail on the merits
• threat of irreparable injury to P if not issued (no adequate remedy at law)
• degree of harm to D if injunction issued
• Public interest

agents, abettors, successors in interest, and acting in concert with party with actual notice

• Value of the benifit in advancing the purposes of recipient
• Cost to claimant of conferring Benefit
• Market Value of the Benefit
• Price fixed by agreement between parties

value of the goods and services provided

award available for reduced earning capacity available even if no actual reduction in earnings

• past earnings
• lost profits
• specific lost opportunities in future
• skills, aptitude
• statisticts as to future

Current wages x work life years - discount reducing to present value

• experts on market value
• subjective factors based on owner use
• cost of repairs

when costs of repairs exceeds value of building before injury

reasonable value of their use to the owner at the time of their distruction

an act not warranted by law, or an omission to discharge a legal duty, which acauses damage to the pucblic in the excercise of common rights

the interference with the right of specific people

• one action for all injury
• SOL applies to the whole
• where nuisance from very character of lawful activity creating nuisance

• Successive actions for past injury
• SOL applies only to portion
• where nuisance is feasibly abatable
• where caused by negligence

a plaintiff who has two inconsistent remedies muyst elect between them and pursue only one of them

• when one remedy results from affirming the transactionand the other from disaffirming
• recision and damages remedies

affirm

plaintiffs conduct before trial can be treated as an election to affirm the transaction even if that is not the intent

express election, passage of time and acts of ownership

Status quo ante unless wrongful acts make impossible

• A defrauded party is entitled to all out of pocket losses
• He is entitled to the benefit of the bargan
• He is entitled to the cost of installing missing represented items
• H is entitled to all consequential damages

A person may recover the difference between the value the thing would have had if false representations true and the price paid

recover the price paid for property less the market value of the property

• Assumption of risk
• Mistake of Law
• Changed Circumstances

a party who knows they do not know about a crucial fact, voluntarily makes payment on assumed fact has assumed the risk

circumstances that have so changed that it would be inequitable to require the other to make full restitution

there is a mistake of a material fact either as to the subject matter of the sale, the price, or some collateral fact materially inducing the sale

• shared by both parties
• Relate to an essential element of agreement
• not be a matter of mere expectation or opinion about future events, but fact capable of ascertainment at time of contract

• Language of agreement
• Circumstances of negotiation and execution including representation of legal counsel
• Seriousness of unknown injury
• Consideration Paid