SPECIFIC TORTS: POTENTIALLY AVAILABLE REMEDIES THE “CHEAT SHEET”

Question 1

DESTROYED PROPERTY
AVAILABLE REMEDIES

Answer 1

(i) Compensatory Damages

Question 2

DAMAGED PROPERTY
AVAILABLE REMEDIES

Answer 2

(i) Compensatory Damages

Question 3

DISPOSSESSION
AVAILABLE REMEDIES

Answer 3

(ii) Compensatory Damages
(ii) Restitutionary Damages

• If defendant benefits

(iii) Replevin
(iv) Mandatory Injunction

• If chattel unique and damages and replevin won’t work
  (v) Constructive Trusts/Equitable Liens
• Particularly if defendant is insolvent and/or “tracing” facts are involved
  (vi) Self-Help
• Reasonable force to recapture

Question 4

SIMPLE TRESPASS
AVAILABLE REMEDIES

Answer 4

(ii) Nominal Damages
(ii) Restitutionary Damages
(iii) Injunction: Avoiding multiplicity of actions

Question 5

DESTRUCTION/DAMAGE OF REALTY
AVAILABLE REMEDIES

Answer 5

(ii) Compensatory Damages
(ii) Injunction

Question 6

DISPOSSESSION
AVAILABLE REMEDIES

Answer 6

(ii) Compensatory Damages
(ii) Restitutionary Damages
(iii) Ejectment: Since it’s available, no injunction
(iv) Constructive Trusts/Equitable Liens

Question 7

ENCROACHMENT
AVAILABLE REMEDIES

Answer 7

(ii) Compensatory Damages
(ii) Injunction: Probably emphasize balancing of hardships
Bar Exam Note: No Restitution

Question 8

NUISANCE
AVAILABLE REMEDIES

Answer 8

(ii) Compensatory Damages
(ii) Injunction: Probably emphasize balancing of hardships
Bar Exam Note: No Restitution

Question 9

PERSONAL INJURY TORTS
AVAILABLE REMEDIES

Answer 9

(1) Compensatory Damages

• Economic Losses/Special Damages (e.g., lost wages): Certainty rules apply.
• Non-Economic Losses/General Damages (e.g., pain & suffering): Certainty rules do not apply.
• Lump Sum Payment: Discounted to present value. Inflation not taken into account.

(2) Injunction
* Only against prospective intentional tortious conduct.

Question 10

FRAUD
AVAILABLE REMEDIES

Answer 10

(1) Damages
(2) Constructive Trusts/Equitable Liens
Important Bar Exam Tip: Always consider (i) whether punitive damages should be awarded and (ii) if it also could be analyzed as contracts case.