Remedies

Question 1

Legal damages - torts

Answer 1

1. Compensatory: $ for loss or injury
   - general (all Ps): foreseeable losses (pain/suffering)
   - special (this P): must be specifically pleaded (lost wages)
2. Nominal
3. Punitive (> negligence)
4. Compensatory limitation:
   - causation (but for)
   - foreseeable (by reasonable person)
   - certain (not overly speculative)
   - unavoidable (duty to mitigate)

Question 2

Legal restitution - tort

Answer 2

1. Money restitution: D restores the benefit to P
2. Replevin (chattel)
3. Ejectment (real property)

Question 3

Equitabe restitution - tort

Answer 3

1. Constructive trust: D wrongfully got title to P’s property
   - wrongful act
   - D has legal title to convey
   - inadequate legal remedy
   - - damages too speculative
   - - insolvent D
   - - replevin not available
   - - property is unique
   - property can be traced
   - - P gets benefit of value increase
   - - property must be solely traceable
   - third party priority
   - - BFP over P
   - - P over unsecured creditors
   - P can NOT seek deficiency judgment against D
2. Equitable lien: property improved with P’s property, not acquire property
   - wrongful act
   - D has legal title
   - inadequate legal remedy
   - - damages too speculative
   - - insolvent D
   - - replevin not available
   - - property is unique
   - property can be traced
   - - OK if not solely traceable
   - third party priority
   - - BFP over P
   - - P over unsecured creditors
   - P can seek deficiency judgment against D
3. Equitable defenses
   - laches
   - unclear hands

Question 4

Injunctions - tort

Answer 4

1. TROs: to preserve status quo
   - irreparable harm
   - likely success on merits
   - inadequate legal remedy
   - - damages too speculative
   - - inadequate because health/safety issue
   - - insolvent D
   - - multiplicity of suits (continuous wrong)
   - - prospective tort
   - - property is unique
   - balancing hardships
2. Preliminary injunction: to preserve status quo
   - irreparable harm
   - likely success on merits
   - P posts bond
   - inadequate legal remedy
   - - damages too speculative
   - - inadequate because health/safety issue
   - - insolvent D
   - - multiplicity of suits (continuous wrong)
   - - prospective tort
   - - property is unique
   - balancing of hardships
   - no defenses
   - - laches: unreasonable delay
   - - unclean hands: only related conduct counts
3. Permanent injunction: to grant relief sought
   - inadequate legal remedy
   – damages too speculative
   – inadequate because health/safety issue
   – insolvent D
   – multiplicity of suits (continuous wrong)
   – prospective tort
   – property is unique
   - property interest not required in CA
   - feasibility of enforcing
   - balancing of hardships
   - no defenses
   – laches
   – unclean hands
   I PRAY FOR BIG DESERTS

Question 5

Legal damages - contract

Answer 5

1. Types of legal damages
   - expectation: value of benefit P expected to receive from K
   - consequential: direct and foreseeable consequence
   - incidental: damages reasonably incurred
   - reliance: damages to put P in same position had K never made
   - liquidated damages
   - - difficult to calculate
   - - reasonable relationship to anticipated loss
   - nominal damages
   - no punitive damages in K
2. Damage limitations
   - causation
   - foreseeable
   - certainty
   - unavoidable
   - liquidated clause controls

Question 6

Legal restitution - contract

Answer 6

1. Quasi-contract (money restitution): D has derived a benefit and fairness requires payment to P
2. Replevin (chattel)
3. Ejectment (real property)

Question 7

Equitable remedies - contract

Answer 7

1. Rescision (undo bargain)
   - voidable K (i.e. mistake, fraud, duress)
   - P gets back consideration given to D
2. Reformation (rewrite K)
   - valid original K required
3. Equitable defenses
   - - laches
   - - unclean hands

Question 8

Injunction - contract

Answer 8

1. TROs
   - irreparable harm
   - likely success on merits
   - inadequate legal remedy
   - - damages too speculative
   - - inadequate because health/safety issue
   - - insolvent D
   - - multiplicity of suits
   - - property is unique
2. Preliminary injunction
   - irreparable harm
   - likely success on merits
   - inadequate legal remedy
   - - damages too speculative
   - - inadequate because health/safety issue
   - - insolvent D
   - - multiplicity of suits
   - - property is unique
   - balancing of hardships
   - no defenses
   - - laches
   - - unclean hands
3. Specific performance
   - K is valid
   - K conditions satisfied
   - mutuality of performance: court must be able to order both parties to perform
   - enforcement feasible (services K)
   - inadequate legal remedy
   – damages too speculative
   – inadequate because health/safety issue
   – insolvent D
   – multiplicity of suits
   – property is unique
   - no defenses
   – laches: unreasonable delay
   – unclean hands: must be same transaction
   – defenses to underlying K
   CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT