Remedies Bar

Question 1

Order to look for remedies and what 2 main substantive topics that you might be analyzing

Answer 1

(1) Compensatory Damages
(2) Restitution
(3) Injunction

Contracts
Torts

Question 2

Define compensatory damages for tort remedies

Answer 2

Compensatory damages aim to restore the injured party to the position they would have been in had the wrongful act not occurred.

Question 3

4 requirements for compensatory damages in tort
what does certainty apply to and not apply to?
what does foreseeable not apply to as much?

Answer 3

(1) Foreseeable: Applies less to special damages (e.g., loss of business) so these must be pleaded specifically
(2) Certainty: Damages must be able to be calculated with certainty, particularly those that occurred in the past. General damages do not require as much certainty (judge can instruct jury to award as much as required for pain and suffering. For special damages, must be certain.
(3) Causation - injury requiring damages are actual result of D’s conduct
(4) Unavoidable - P must seek to reasonably mitigate

Question 4

Key Sentence at end of compensatory damages in terms of how judgment given

Answer 4

The judgment must be a single lump sum payment discounted to present value without taking inflation into account.

Question 5

rule for nominal damages

Answer 5

Nominal damages may be awarded where there is no actual injury but the court seeks to vindicate the plaintiff’s rights

Question 6

situations in which to bring up punitives

Answer 6

on every exam
- contracts - not allowed
- torts - allowed
- if fraud occurs in contract - jump to tort of fraud

Question 7

3 requirements for punitives

Answer 7

(1) Actual damages awarded
(2) Willful or wanton conduct (wanton is cruel)
(3) Ratio of compensatory to punitive damages cannot exceed a single digit ratio in order to comport with due process

Question 8

Rule for Restitution

Answer 8

Restitution seeks to prevent the defendant’s unjust enrichment and is measured by the value of the benefit the plaintiff conferred on the defendant.

Question 9

If P can get compensatory damages and restitutionary damages - what is rule?

Answer 9

where both compensatory damages and restitutionary damages are available, the plaintiff can recover one but not both

Question 10

4 types of restitutionary remedies in tort related to unjust enrichment

Answer 10

(1) Replevin
(2) Ejectment
(3) Constructive Trust
(4) Equitable Lien

Question 11

List the rules for replevin

Answer 11

Under replevin, the court will order the defendant return the property back to the plaintiff. The remedy seeks to avoid the defendant’s unjust enrichment.
The plaintiff must post a bond in the case that the court wrongfully orders replevin, so that the defendant can be compensated for the loss of use. However, the defendant can defeat this by posting a redelivery bond, that would allow the defendant to retain possession of the item until the trial.
The plaintiff may also seek damages for loss of use during the time the defendant wrongfully took the property.
In regards to defenses, there will be no recovery if the item is sold to a BFP.

Question 12

define ejectment and all rules

Answer 12

under ejectment, the court will order a defendant to return real property to the plaintiff, for instance, one who has been ousted. the plaintiff may also seek damages for loss of use.

• Note: D must be in possession. If crosses your land each day without permission, this is not ejectment, because he is not in possession.

Question 13

overall header sentence for constructive trust

Answer 13

A constructive trust is an equitable restitutionary remedy that is imposed by the courts where the defendant’s retention of the property would result in unjust enrichment. The court construes the property as the defendant holding it in trust for the plaintiff.

Question 14

3 requirements for constructive trust

Answer 14

(1) D has lawful title
(2) P’s property can be traced to the specific property, to the cash proceeds from sale of the property, or to new assets the defendant buys with the proceeds
(3) Unjust enrichment

Question 15

discuss title held by defendant as relates to a thief

Answer 15

a thief does not have lawful title to the specific property, so a CT cannot be imposed on him. in such a case, the P should seek replevin from the thief.

however, a thief does have lawful title to cash proceeds from the sale of the item, so a CT can be placed on the cash.

Question 16

talk about tracing

Answer 16

the plaintiff can use tracing to trace the proceeds of the wrongfully taken property.
her property

This is useful when the proceeds are more valuable than the property that was wrongfully acquired.
o Example: Thief steals sword. Thief sells sword for $500 and uses the $500 to buy a watch which is worth $750. P may impose a constructive trust on the watch. He may prefer this to replevin, because the watch is worth more than the sword.

Question 17

talk about when a constructive trust is useful

Answer 17

A CT is useful when the value of the property has increased, as the plaintiff is allowed to recover the total value.

Question 18

two advantages with a CT in general

Answer 18

priority over unsecured creditors
can obtain increase in value of proceeds

NOTES
o Priority over unsecured creditors
 When D insolvent, P can recover the property itself, and gets at the front of the line of unsecured creditors, because the P is recovering his own property to which the unsecured creditors have no claim (though secured creditors have priority over P)
o Increased value in property
 If the trust res has increased in value, the P will get the advantage of that increase.
o Note: If you steal ring, use proceeds to buy a house, house goes up in value, through a CT, I can make you give me the entire house and I’ll benefit from it’s increase in value. Think of it like a watch.

o A constructive trust cannot be imposed on property that was merely improved with the plaintiff’s property or merely improved with proceeds from the plaintiff’s property, but an equitable lien can be imposed in such cases.
o Example: Thief steals sword, sells for $500 and uses $500 to improve a table that Thief already owns. P cannot impose a constructive trust, but can seek an equitable lien.

Question 19

define lowest intermediate balance rule

Answer 19

under both a constructive trust and an equitable lien, the plaintiff is entitled to the lowest intermediate balance, unless she can show that the defendant intended the subsequent deposit be for the plaintiff’s benefit

o Where the property has been commingled with other funds and withdrawals have reduced the account’s balance below the plaintiff’s claim, the plaintiff is entitled to the next lowest intermediate balance.
o With restitution such as a constructive trust and equitable lien, the law assumes the lowest intermediate balancing rule. This means it is presumed that the defendant is taking the D’s money out first, not the money it acquired unjustly.

Question 20

discuss bailor and bailee relationship

Answer 20

In a bailment relationship, the bailor transfers physical possession of personal property (without transferring title) to the bailee. The bailee is obligated to return the item and to exercise due care.

The bailee can be sued for negligence otherwise.
o Note: Conversion requires the general intent but leaving ring on counter is not general intent. Note as well that you can go after thief for replevin or for monetary damages through conversion.

Question 21

discuss transfer from a thief to a bfp

Answer 21

a thief does not have title to stolen property which means a transfer to a BFP, one who took for value without notice, does also not give the BFP title.
thus P may sue the BFP for conversion

Each successive transferee of the P’s property is a converter and liable for the value of the chattel on the date of that converter’s acquisition.
 Replevin is also appropriate

 Note on Tort of Conversion
* A defendant in a suit for conversion cannot claim BFP because the converter does not have lawful title.

Question 22

discuss choice of remedies - can p get both

Answer 22

If a P recovers full payment from a tort feasor (e.g., through compensatory damages in a conversion matter), she may not recover against another tortfeasor

o In diamond ring example, P can recover compensatory damages from jewelry store owner, but a better bet is to go for the constructive trust because the house which thief bought with proceeds from ring has risen in value, and she will get the house and that value.

Question 23

define equitable lien and all rules

Answer 23

An equitable lien is an equitable restitutionary remedy where the court grants to the plaintiff a security interest in the defendant’s property. the court may order the property sold and the proceeds of the sale can go to the plaintiff up to the amount of her claim (but not for more than this amount). the court does so in order to prevent unjust enrichment

The D must hold title to the proceeds or improvements
Tracing is allowed in an equitable lien, where the P can trace proceeds of the sale of her property to improvements the defendant has made to his property.
an equitable lien is the preferred approach when the value of the property has decreased, as the plaintiff may seek a deficiency action against the defendant.
like a constructive trust, the plaintiff has priority over unsecured creditors. Also like a constructive trust, sale to a BFP - one who takes for value without notice of the facts giving rise to the EL, cuts off the rights of the plaintiff.

Question 24

listen to notes on CT and EL

Answer 24

• Example where both CS and EQ apply
  o D misappropriates money from P and uses it to buy stocks.
  o The court can impose an equitable lien if wanted to obtain security for the money misappropriated.
  o The court can impose a constructive trust if the plaintiff wants to claim the stock itself
  o If the property had gone up in value, the CT is advantageous. If the property had gone down in value, the equitable lien is advantageous in that the P can seek to recover any deficiency (an action is not allowed after imposition of a constructive trust.
• Where the misappropriated money is used not to acquire title to property, but rather to improve it, only an equitable lien is available.

o Example
 D misappropriates money from P and uses it to put new roof on home. P is entitled to an equitable lien on the property. P may not obtain a CT since title to the home was not obtained by use of the misappropriated money.
* Transfer to BFP cuts off equitable lien
* Note for both CT and EL, P has priority over unsecured creditors

 EXAM TIP
* On essay, analyze both constructive trust and equitable lien and use the facts to explain which better remedy and why

Question 25

Define an injunction

Answer 25

An injunction is an extraordinary form of relief in which the court orders the defendant to perform or stop performing an act. Injunctions are appropriate where a legal remedy is inadequate. o NOTE – overlap with contract law where sale of real property with condition of entry but then buyer does not let you on property and puts up barricades – seek TRO to remove the barricades. Same applies to prelim injunction. o Note: Also seek monetary damages for injuries incurred in the time period prior to obtaining the injunction.

Question 26

what sentence do you start your tro analysis with

Answer 26

At issue is whether the plaintiff can obtain preliminary injunctive relief Applies to TRO Applies to preliminary injunction

Question 27

define tro and preliminary injunction the rules up to its elements/requirements

Answer 27

A TRO (temporary restraining order) is an order granting preliminary injunctive relief up to the time at which a hearing for a preliminary injunction can be heard. Under the federal rules, a TRO is good for 14 days and may be extended for another 14 days with a showing of good cause. In state court, a TRO lasts for 10 days. A TRO requires notice to the opposing party, unless the proponent of an ex-parte proceeding shows reasonable efforts to contact the opposing party or reasons why no notice should be given. Further, the plaintiff should put forth an injunction bond in case the court erroneously grants the order, so that the proceeds from the fund will cover the defendant for such an order. 3 requirements for a TRO or a prelim injunction (1) Irreparable injury (from date of filing until date of preliminary hearing or date of trial) (why it is an emergency? what is the harm that will occur if forced to wait for a prelim or for a trial?); (2) Likelihood of success on the merits; AND (3) Balancing of the hardships between the plaintiff and the defendant (and public), that favors the plaintiff, where the court looks at the hardship upon the plaintiff if the request is denied versus the burden on the defendant/court if the request is granted. A court will not conduct a balancing test if the defendant's conduct was willful. Note: TROs are not appealable while preliminary injunctions are

Question 28

key sentence for preliminary injunction

Answer 28

A preliminary injunction is used to preserve the status quo between the parties until a trial can be heard on the merits.  The test for a preliminary injunction is similar to that of a TRO * Note: Including notice and bond  On exam, analyze both TRO and preliminary injunction. Analyze each element just once, and then reference back to analysis in prelim injunction section. Identify difference between the 2 remedies and when each one would likely be sought and why (or perhaps both should be sought)

Question 29

define 4 requirements for a permanent injunctoin

Answer 29

A permanent injunction is an extraordinary form of relief available where a legal remedy is inadequate. 4 requirements (1) Inadequate legal remedy (unique goods, real property); (2) Balancing of the hardships between the P and the defense (and public) that favors the P where the court weighs the hardship to the P if the injunction is not granted vs hardship to D and public if granted; the court will not conduct the balancing test if the D's conduct was willful; (3) Feasibility of enforcement where court assesses the degree of difficulty in enforcing its order. Negative injunctions (ordering the defendant to stop doing something) are easier to enforce; the court may use its civil contempt powers if the defendant does not cease the activity. On the other hand positive injunctions where the defendant must perform an act or those involving non-parties or individuals in another jurisdiction lend this requirement more difficult to meet; AND (4) No defenses that would invalidate the request.

Question 30

4 defenses to a permanent injunction

Answer 30

(1) Laches - Where P unreasonably delayed in bringing suit causing prejudice to the D (2) Unclean Hands - Where P's conduct was wrongful as related to the transaction at hand (3) Impossibility - Where the D cannot perform the act or refrain from performing the act (4) Freedom of speech - where the D must be permitted to exercise his First Amendment constitutional rights of freedom of expression

Question 31

Can you seek a TRO/prelim inj/perm inj for invasion of privacy or other personal rights?

Answer 31

yes

Question 32

listen - exam tips

Answer 32

o Exam Tip – Issue Spotting  If the call of the question isn’t specific, the facts will guide if a plaintiff should seek a TRO, prelim injunction, permanent injunction (or specific performance).  TRO/prelim injunction when the act P is trying to prevent is imminent and cannot be undone

Question 33

define contempt

Answer 33

Contempt is a court ordered sanction in either the civil or criminal context. Civil contempt imposes jail or a fine to coerce the defendant to abide with the court order.

Question 34

For a fact pattern on misappropriation of money, what 4 types of damages do you seek?

Answer 34

(1) Compensatory damages for conversion (2) Restitution for any unjust enrichment (3) Constructive trust - if you can trace the money (4) Equitable lien - if money is used to improve the property

Question 35

If your personal property is completely destroyed what are the damages?

Answer 35

If the chattel is completely destroyed, you recover the value of the chattel at the time it was destroyed, less any salvage, plus interest

Question 36

If injury to chattels, what do you recover?

Answer 36

Cost to repair or the decrease in value

Question 37

If you have been dispossessed of your chattel - what four types of damages should you seek?

Answer 37

(1) Conversion, for FMV at time of conversion along with interest and payment for expenses in pursuing property (2) Replevin (3) Constructive Trust (4) Equitable Lien (5) Unjust enrichment through quasi contract

Question 38

Tort damages to real property listen

Answer 38

several types of tort to real property  Trespass without damages  Trespass causing severance  Trespass causing other injury  Trespass causing ouster  Encroachment  Destruction or damage to real property  Destruction of, or interference with easements  Waste (voluntary and permissive)

Question 39

For trespass - what are the types of damage you will seek?

Answer 39

- If no injury, nominal damages and an injunction - If severance, damages, restitution, injunctive relief - If trespass causing ouster, I will seek ejectment and compensatory damages for loss of use - for encroachment - compensatory damages and injunctive relief - for someone destroying my property - I will seek a TRO, I will see compensatory damages measured by the difference in the value of the land before and after tort - if someone is interfering with my easement - I will seek compensatory damages and injunctive relief - if someone committed waste - either voluntary or permissive - I will seek damages for the decrease in value of the land or the cost to repair, and I will seek injunctive relief

Question 40

If damages to my personal interests, what will I seek?

Answer 40

i will seek general damages and special damages and punitive damages for malice

Question 41

name 3 types of general damages

Answer 41

(1) pain and suffering (2) emotional anguish (3) loss of life

Question 42

name 1type of special damages

Answer 42

(1) loss of earnings

Question 43

listen tort action estate

Answer 43

 Survival of tort actions * Based on statute * Damages accrue to decedent up to time of death

Question 44

for defamation, I am only entitled to 2 types of remedy, though I should run others. what are they

Answer 44

- entitled to compensatory damages and punitives for malice - not entitled to injunctive relief or restitution, but I should name them -

Question 45

For privacy actions, I am entitled to what 3 types of remedies

Answer 45

(1) Compensatory (2) Punitives if malice (3) Injunctive Relief

Question 46

What is the requirement for fraud as it relates to damages

Answer 46

Actual damages must be shown

Question 47

In fraud fact pattern - what 5 types of remedies to bring up at a minimum

Answer 47

(1) Compensatory damages including consequential damages if foreseeable (2) Punitive damages through tort, if malice (3) Rescission (4) Constructive Trust (5) Equitable Lien

Question 48

For business torts (like inducing a breach of someone else's contract) - what are 4 types of remedies

Answer 48

compensatory punitives if in tort and if malice restitution if unjust enrichment injunction  Interference with prospective advantage * Where P deprived of an expectancy, but not of an actual property or property right, damages may be unavailable because they are uncertain

Question 49

if trade libel - special rules

Answer 49

special damages must be pleaded injunctive relief only if occurs in conjunction with another enjoinable tort

Question 50

define compensatory damages in contract

Answer 50

Compensatory damages (i.e., expectancy damages) aim to restore the party to the position they would have been in had the contract been performed as promised.

Question 51

4 requirements for compensatory damages in contract

Answer 51

(1) Foreseeability at the time of contract formation (2) Certainty - prove damages (3) causation (4) unavoidable - reasonable mitigation

Question 52

what do you always try to give a client in contract cases?

Answer 52

(1) expectation damages (2) consequential damages if foreseeable (3) incidental costs

Question 53

define consequential damages

Answer 53

Consequential damages are available for damages that flow indirectly from the breach and are foreseeable at the time of contract formation

Question 54

define incidental damages

Answer 54

incidental damages are the costs of dealing with the breach (e.g., storage of goods, transportation of goods)

Question 55

define punitive damages as related to contracts

Answer 55

not available if fraud - apply tort law - get punis if malice

Question 56

define liquidated damages in contract cases

Answer 56

Liquidated damages clauses are upheld if they: (1) Amount reasonable relative to anticipated loss; AND (2) Damages are uncertain at the time of contract formation. Such clauses will be upheld if they are not a penalty.

Question 57

result if a valid versus invalid liquidated damages clause

Answer 57

- if liquidated damages clause valid, you cannot seek actual damages - if liquidated damages clause invalid, you should seek actual damages as an alternative

Question 58

What doctrine are reliance damages usually coupled with?

Answer 58

Promissory estoppel

Question 59

define reliance damages

Answer 59

Reliance damages seek to restore the plaintiff to the position they would have been in had the contract never been performed. both parties are restored to their original position. Such damages can be used when expectation damages are difficult to calculate, such as lost profits for a new business

Question 60

limitation of remedies

Answer 60

* Acceptable, however, if a remedy fails of its essential purpose by not providing minimally adequate relief to the non-breaching party, the court will default to the UCC. * Regardless of any provisions, cannot bar consequential damages for personal injury from consumer goods (unconscionable) separate note  Prejudgment interest available if claim for sum certain; attorney fees generally not available unless provided by statute

Question 61

can you get restitutionary and compensatory damages?

Answer 61

no. choose one.

Question 62

define quasi contract

Answer 62

A quasi contract is in implied in law contract where for some reason (such as in an unenforceable contract) there is not a legal contract but the court will find one so that the D is not unjustly enriched. It is measured by the FMV of services conferred upon the defendant.

Question 63

3 top situations for use of a quasi contract

Answer 63

(1) Mistake (2) Recover value of performance in a breach (3) In an unenforceable contract

Question 64

in restitution, if the value of services is greater than the value of the contract, can the P still recover it?

Answer 64

yes, can get greater value

Question 65

listen to quasi contract

Answer 65

* Examples: Illegality, contract is illegal, mistake, SoF not met, acted in emergency * If the value of the services is greater than the K rate, P can still recover it. * If property unique or D insolvent, P can get the property back  Quasi Contract Fact Triggers * D allows construction (e.g., fence, garage) and says nothing * Contract fails (e.g., firm offer expires) but advertising in reliance * Contract fails (e.g., condition precedent not met) but partial performance * Contract fails (e.g., indefinite terms) but full performance

Question 66

if the plaintiff is the non breacher in contract, what can he recover in restitutionary damages?

Answer 66

restitutionary damages for value of benefit conferred or the plaintiff can get his property back (through specific performance if property unique or if D insolvent)

Question 67

what if plaintiff is breach in contract?

Answer 67

traditional rule: no recovery modern rule: P can recover restitution but it cannot be greater than the contract rate and the court will abate the award commensurate with P's breach (reduce it down by any damages suffered by D)

Question 68

headline sentence for specific performance

Answer 68

under specific performance, the court orders the defendant to perform on the contract.

Question 69

requirements for specific performance

Answer 69

(1) inadequate legal remedy (unique chattel, real property, D insolvent) (2) definite and certain contract terms (3) mutuality of remedy (where P can perform up to the conditions) (4) feasibility of enforcement No defenses

Question 70

what are possible defenses to specific performance

Answer 70

- Laches - Unclean hands - Impossibility - Statute of Frauds (no enforceable contract in place, argue back partial performance) - PER (prevents statements before or during formation to come in, argue back PER does not apply to issues related to formation) - Mistake/fraud/misrepresentation/lack of consideration - anything that attacks existence of underlying contract - SALE TO A BFP

Question 71

where there are deficiencies/breach in real property contract - what options does seller have? does buyer have?

Answer 71

- seller can seek specific performance if minor breach. cannot seek specific performance is major breach, should cure before closing - buyer can seek specific performance if minor or major breach from seller. court will abate price down. if super major breach by seller, might not be good idea to enforce specific performance

Question 72

Time is of the essence fact pattern as related to real property - listen

Answer 72

- there will be a land sale contract - the contract will expressly provide that "time is of the essence" - the contract will contain a forfeiture provision stating that any delay results in forfeiture of performance/property - but buyer will have partially performed, even though he was a bit late - the seller will reference the time is of the essence and forfeiture clauses. seller is saying he is keeping the land - buyer will bring suit for specific performance

Question 73

what is the result in the time is of the essence clause?

Answer 73

you say - equity abhors forfeiture - the court will likely grant specific performance given the buyer did make payments, the loss to the seller was small, the seller accepted late payments in the past, the buyer would suffer undue hardship

Question 74

equitable conversion

Answer 74

 Equitable conversion: real property interest of the buyer and seller are switched upon execution of the land K.

Question 75

will a court force someone to work

Answer 75

no indentured servitude

Question 76

can a court enforce a covenant not to compete? if so, what are the 2 requirements

Answer 76

yes (1) Covenant protects legitimate business purpose (2) Covenant reasonable in both duration and geographical scope

Question 77

what other types of equitable relief are available in contract law other than restitution and specific performance?

Answer 77

- reformation - rescission

Question 78

Define rescission

Answer 78

Rescission permits a party to unwind the contract and restores the parties to the position they would have been in had the contract never been formed. The contract is voided. There is no meeting of the minds.

Question 79

What are the valid grounds for rescission?

Answer 79

- Mutual mistake on a material fact (not on collateral) - Misrepresentation / fraud - Unilateral mistake where other party knew or should have known - Coercion, undue influence, etc.

Question 80

What are valid defenses to rescission?

Answer 80

Laches Unclean hands

Question 81

What is not a valid defense to rescission

Answer 81

negligence

Question 82

what is the order of election of remedies related to rescission

Answer 82

if you seek damages first, no rescission, because you are essentially providing that there is a contract you may seek damages and rescission at same time if you seek rescission first, you can then seek damages

Question 83

define reformation

Answer 83

under reformation, the court rewrites or modifies the contract to reflect the parties' original intentions. the parties had a "meeting of the minds"

Question 84

what are grounds for reformation?

Answer 84

- unilateral mistake where other party knew or should have known - fraud - mutual mistake Note: Reformation is not available if words unclear or ambiguous because this means there was no meeting of the minds Note: Reformation cannot be used to fill in terms from the SoF

Question 85

What must you first analyze in the first step of reformation

Answer 85

whether a valid contract was formed

Question 86

what are valid defenses to reformation?

Answer 86

Laches Unclean hands Sale to a BFP SoF - no valid contract PER - not a valid defense, judge will let evidence in Negligence - not a valid defense

Question 87

If contract to buy or sell personal property and the seller walks away, what 2 options does the buyer have assuming the item is not unique?

Answer 87

Cover and receive any difference between the cover price and the contract price OR Difference between the contract price and market price Note: If item unique, go for specific performance

Question 88

If someone damages your real property

Answer 88

apply lesser of two rule where you can recover either the repair costs or the diminution in market value, whichever is less

Question 89

If breach of warranty on a good, what can buyer recover?

Answer 89

difference good as warranted and good as delivered/accepted

Question 90

if contract to buy and sell real property - three avenues are

Answer 90

Damages Restitution Specific performance  Defenses * SoF is most common defense (argue back part performance)

Question 91

in construction contract, where the owner breaches before construction during construction after construction what are the remedies?

Answer 91

before construction, give builder lost profits during construction, give builder lost profits plus any costs incurred, even if higher than contract price after construction, builder gets full contract price plus interest Note: Under restitution, if owner repudiates after partial performance, builder can rescind and sue in quasi contract for value of benefit conferred even if that is above the contract price. However, if owner repudiates after full performance, the unjust enrichment claim cannot exceed the contract price given the work was already done and the only remaining obligation if the payment of the price.

Question 92

in construction contract where builder breaches before performance during performance late performance what are remedies?

Answer 92

Before performance - cost to cover plus any difference in price plus any costs for delay (loss of use) but owner must give back builder any restitution money. during performance - same as above. note if had to be built according to specs and was not, owner should get difference in value late performance: loss of use but must not be speculative and must be foreseeable  Specific performance – where no adequate remedy at law

Question 93

if personal service contract and employer breaches, employee gets what

Answer 93

lost compensation less subsequent comp

Question 94

if personal service contract and employee breaches, employer gets what

Answer 94

cost to find another employee

Question 95

under restitution if employee breaches

Answer 95

employer recovers any payment received but not earned. employee may be able to get restitution

Question 96

under restitution if employer breaches, employee receives

Answer 96

value of services conferred

Question 97

what is rule on specific performance as related to personal service contracts

Answer 97

not enforceable - indentured servitude but may enforce employee not to work for a specific period

Question 98

2 requirements for valid non compete

Answer 98

(1) legitimate business purpose (2) restriction reasonable as to geographic scope and duration

Question 99

favorite bar exam fact pattern oral contract for sale of land seller will say he doesn't have to go through with it and SoF is his defense

Answer 99

buyer argues back with part performance in reliance on contract and specific performance will be granted