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27 Cards in this Set
- Front
- Back
Torts remedies
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1) Damages
2) Restitutionary damages 3) Replevin 4) Ejectment 5) Constructive trust 6) Equitable lien 7) Injunctive relief |
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Torts damages
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1) Compensatory
2) Nominal 3) Punitive |
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Compensatory damages
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1) Causation
2) Foreseeability 3) Certainty 3) Unavoidability |
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Punitive damages
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1) Attached to compensatory, nominal, or restitutionary damages
2) Fault more than ordinary negligence 3) Relatively proportionate to actual damages (single digit multiple) |
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Restitutionary damages
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1) Theory that defendant should not be unjustly enriched
2) Calculated based on the value of the benefit to D |
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Replevin
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1) P has a right to possession
2) There is a wrongful withholding by D |
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Replevin timing
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1) P can recover chattel before trial by posting bond
2) D can defeat immediate recovery by posting redelivery bond |
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Ejectment
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1) P has a right to possession
2) There is a wrongful withholding by D |
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Constructive trust
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1) Improperly acquired property
2) D has title 3) D serves as trustee 4) Must return property to P |
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Equitable lien
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1) Improperly acquired property
2) D has title 3) Immediate court-directed sale 4) Deficiency judgment available if sale less than FMV at time property taken |
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Constructive trust/equitable lien rules
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1) Legal remedy inadequate
2) Tracing is allowed 3) BFP prevails over P 4) P will prevail over unsecured creditors |
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Constructive trust vs equitable lien
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1) Property value increased: constructive trust
2) Property value decreased: equitable lien 3) D's property cannot be solely traced to P's property: equitable lien |
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Preliminary injunction/TRO
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1) Irreparable injury (time-frame context)
2) Likelihood of success (mention posting bond) |
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Permanent injunction
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"I'll put five bucks down"
1) Inadequacy of legal remedies 2) Propert right/protectable interest 3) Feasibility of enforcement 4) Balancing of hardships 5) Defenses |
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Permanent injunction defenses
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1) Unclean hands
2) Laches 3) Impossibility 4) Free speach |
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Contracts remedies
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1) Damages
2) Restitutionary damages 3) Replevin 4) Ejectment 5) Constructive trust 6) Equitable lien 7) Specific performance 8) Rescission 9) Reformation |
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Compensatory damages for contracts
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1) Expectation
2) Consequential 3) Nominal |
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Validity of liquidated damages clause
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1) Damages are very difficult to ascertain at time of contract formation
2) Reasonable forecast of what they would be |
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Can breaching P get restitutionary damages?
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Traditional: No recovery
Modern: Recovery allowed not to be greater than contract rate and damages to non-breaching party are subtracted |
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Specific performance
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"Cha Cha is my favorite dance"
1) Contract is valid 2) Conditions of P satisfied 3) Inadequate legal remedy 4) Mutuality of remedy 5) Feasibility of enforcement 6) Defenses |
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Specific performance defenses
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1) Unclean hands
2) Laches 3) Unconscionability 4) Mistake 5) Misrepresentation 6) Statute of frauds |
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Rescission analysis
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1) Determine if there are grounds for rescission
2) Determine if there are valid defenses |
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Grounds for rescission
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1) Mistake
2) Misrepresentation 3) Coercion 4) Undue influence 5) Lack of capacity 6) Failure of consideration 7) Illegality |
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Defenses to rescission
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1) Unclean hands
2) Laches 3) P sued for damages first (thus affirming the contract) |
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Reformation
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"Very good dog"
1) Valid contract 2) Grounds for reformation 3) Defenses |
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Grounds for reformation
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1) Mistake
2) Misrepresentation |
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Defenses to reformation
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1) Unclean hands
2) Laches |