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50 Cards in this Set
- Front
- Back
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Injunctions
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Mandatory - Requires a person to act
Prohibitory/Negative - Prevents a party from doing certain actions |
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Contempt
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Civil - Coerces a person to act. Held in jail until they act. Fines go to other party
Criminal - PUNISHES a person for failure to act. Held in jail for a set period of time. Fines go to court |
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Mandatory Injunction
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Requires a person to act
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Conditions Creating Equitable Relief
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TORT ACTIONS ( INJUNCTION)
- No adequate Remedy at Law - Balancing of the Equities (No undue Hardship) -Enforcement is Feasible CONTRACT ACTIONS (Specific Performance) - No adequate Remedy at Law - Contract terms are DEFINITE AND CERTAIN - Plaintiff's have complied with all CONDITIONS PRECEDENT - No Hardship to D (and no Misrep, mistake, sharp or other, unfair acts on the Part of Plaintiff) -Enforcement is Feasible |
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Types of Remedies
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DAMAGES - Legal Remedy (Money)
-Compensatory - Nominal - Punitive - Consequential RESTITUTION -Specific Relief -Preventative Relief -Declaratory Relief EQUITABLE -Specific Performance - Injunctions |
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Compensatory Damages
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Remedy at law that provides an award of money
FUNCTION TORT - To make Plaintiff WHOLE CONTRACT - Compensate for loss and also operated as protection of P's EXPECTATION INTEREST (Benefit of the Bargain) |
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Nominal Damages
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An award of money granted when the Plaintiffs right has been violated, but NO LOSS is sustained or the extent of injury can not be measured
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Punitive Damages
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An award of money in addition to compensatory damages to PUNISH the Defendant for WILLFUL, WANTON, OR MALICIOUS conduct in order to deter such conduct
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Assumpsit
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A form of action at Common Law for the recover of damages caused by the breach of non performance of a Contract (either express of implied) (or OraLLY or in Writing)
4 CLASSES OF COMMON COUNTS 1. Indebtitatus 2. Quantum Meruit - As much as deserved (Reasonable amount of labor and materials) Money had and recieved 3. Quantum Valebant - As much as they are worth (Recieve Payment for Goods Sold and Delivered) 4. Account State - Amount that states money due to creditor |
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Quantum Meruit
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"As much as deserved"
Reasonable amount of labor and materials furnished |
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Quantum Valebant
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"As much as they were worth"
Receive payment for goods SOLD AND DELIVERED |
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Account Stated
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Amount that state money due to creditor
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Specific Performance
(Breach of Contract) |
CONDITIONS OF GENERAL APPLICATION
must be satisfied REGARDLESS OF TYPE OF CONTRACT 1. Remedy at Law Inadequate 2. Contract is DEFINITE AND CERTAIN IN TERMS 3. All CONDITIONS PRECEDENT are met 4. Enforcement OPERATES EQITABLY 5. ENFORCEMENT is feasible Mutuality of Performance - Assure of getting performance from Plaintiff Executory Contract - Must not be fully performed on either side |
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Self-Help
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A Restitutionary LEGAL REMEDY where person entitled to possession, who acts PROMPTLY after dispossession, may use REASONABLE FORCE to recapture the chattel for a person retaining it without claim of right
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Restitutionary Remedies for
Tortiously Taken and Retained Chattels |
The person entitled to POSSESSION;
SELF HELP - Who acts PROMPTLY after dispossessio, may use REASONABLE FORCE to recapture from a person retaining chattel w/out Claim of Right REPLEVIN - obtains a court order (writ) instructing the SHERIFF to seize the chattel and return it (Can be awarded retention damages) MANDATORY INJUNCTION - obtains a court order (injunction) instructing the PERSON IN POSSESSION of the chattel to return in (Chattel must be unique) |
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Detinue
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Tort Action
A Tort Action to recover for the wrongful taking of personal property. For an action in Detinue to succeed Plaintiff must prove: 1. Better right to POSSESSION than Defendant 2. Defendant refused demand by P to return the chattel Remedy of damages and recovery of SPECIFIC chattel |
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Replevin
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LEGAL REMEDY which enables the Plaintiff to obatin a JUDGEMENT for the RETURN of the chattel, plus detention damages.
Generall affected by writ directed to Sheriff to take from D and return to P. Defendant must POST BOND and JUDICIAL HEARING At commencement of action Plaintiff must show that property would have been rented or used, offset for upkeep and depreciation, and reduction for delay. Can be effectuated predjudgment |
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Ameliorating Waste
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Tenant alters realty in a way that INCREASES VALUE
REMEDY Generally damages are not available cause there is no diminution in value of the property Injunction might be granted is lease if for a short period of time |
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Legal Remedies
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Common Law
SUBSTITUTIONARY OR RESTITUTIONARY When money restriction is adequate Compensation for the injury -Compensatory Damages Punitive Damages Recovery in Quasi Contract |
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Equitable Remedies
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Coercion of appropriate conduct from the Defendant
When the legal remedy is not adquate -Injunction -Specific Performance |
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Future Damages
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"All of Nothing Approach"
When there is more than 50% chance that future damages will occur evaluate evidence as to amount of harm expected to be PROXIMATELY CAUSED Alternative Approach Multiple maximum future damages possible by the probability % that they will occur |
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Compensatory Damages
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Tort
To place injured party in substantially as good a position as she occupied PRIOR TO THE WRONG (Status Quo Ante) CONTRACT To place injured party in substantially as good a position as she would have had is THE CONTRACT HAD BEEN PERFORMED (Benefit of the Contract) |
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Tort Damages Requirements
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To place injured party in substantially as good a positiin as she occupied PRIOR TO THE WRONG (Status Quo Ante)
REQUIREMENTS -Certainty -Causation -Punitive Damages Possible -Mental Anguish Possible |
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Contract Damages Requirements
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To place injured party in substantially as good a position as she would have had if the contract had been PERFORMED (Benefit of the Bargain)
HADLEY V BAXENDALE (Consequential Damages) - Damages must be FORESEEABLE Certainty and Causation required (No contract damages for MENTAL ANGUISH or PUNITIVE DAMAGES) |
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Civil Contempt
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To SECURE THE BENEFITS of the Equitable Decree for the Plaintiff
Incarcerated until affirmative act required by the court of is PERFORMED Fine paid to PLAINTIFF |
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Criminal Contempt
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To vindicate the authority of the court by PUNISHING past disobedience with Equitable Decree
Defendant is incarcerated for a FIXED TERM Defendant generally pays fine to THE COURT |
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Approach to Restitution
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Requirements:
1. Benefit CONFERRED on Defendant 2. UNJUST ENRICHMENT - retention of benefit would be unjust 3. Benifit NOT VOLUNTARILY CONFERED (Expectation of Repayment -Supplying NECESSARIES TO INFANTS -Medical Treatment in EMERGENCY -EMERGENCY expenditues to perserve property or credit - Performance of a PUBLIC DUTY |
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Constructive Trust
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Remedy imposed by the court to avoid UNJUST ENRICHMENT in which the Defendant becomes TRUSTEE over the unjustly acquired PROPERTY and must TRANSFER it to the innocent party
-Defendant must have LEGAL TITLE to the property -Title was gain through use of the misappropriated property (usually money) and must be TRACED and identified -Retention of property by Defendant would result in UNJUST ENRICHMENT - Defendant cannot sue for deficiency or giver overage -Remedy cut off by BFP |
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Equitable Lien
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Remedy imposed by the court to avoid UNJUST ENRICHMENT in which the innocent party obtains a LIEN over the unjustly enriched party's property which can then be SOLD AT FORECLOSURE sale pursuant to the lien
-Defendant has LEGAL TITLE to benefited property; & -Unjust benefit can be TRACED to P's property -Can recover deficit and must return excess Remedy cut off by BFP |
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Destruction of Chattel
Basic Damages |
Basic Measure or Damages
Value of Property -Salvage Value +Interest from time of Valuation -------------------------------------------- =Damages Some courts will also add in costs incurred to procure a replacement, and, if the chattel cannot immediately be replaced, damages for loss of use |
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Determining Value of Destroyed Chattel
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MARKET VALUE - Readily available market for property
- Ordinary Consumer:Retail Value - Retailer: Wholesale Value REPLACEMENT VALUE - Cost of reproduction minus deterioration -Market value not easily determinable VALUE TO OWNER - Court considered a variety of factors -Original Cost -Length of Time Used -Condition of Property -Replacement Cost Property has value to owner beyond objective valuation |
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Substitutionary Remedies for Tortiously Taken and Retained Chattels
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CONVERSION
VALUE of property from time of conversion + interest from date of conversion +Punitive damages (If D acted w/ Malice or oppressively) + Consequential Damages (In some Jx) QUASI CONTRACT Restitution of any Benefit D received from Contract +Restitution for value of use _Reasonable Rental Value or Actual Benefits acquired from use CONSTRUCTIVE TRUST Usually not imposed because Defendant must have title but may be imposhed on CASH PROCEEDS from disposition of converted chattels |
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Voluntary Waste
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Tenant commits DELIBERATE DESTRUCTIVE ACTS on the realty
-Treble Damages - only if D acted WANTONLY OR RECKLESSLY -Compensatory Damages - measured by costs of repairs or difference in the realty value before and after waste -Prohibitory Injunction |
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Permissive Waste
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Through OMISSION of NEGLECT, tenant allows realty to FALL IN TO DISREPAIR
REMEDY - Generally measured by COST OF REPAIRS. Injunction generally not available |
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Types of Waste
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VOLUNTARY - Tenant commits DELIBERATE DESTRUCTIVE ACTS on realty
PERMISSIVE - Tenant by OMISSION OR NEGLECT allows realty to fall into disrepair Amerliorating - Tenant alters realty in a way that INCREASES VALUE EQUITABLE WASTE - Tenant makes material changes to the realty but is not LEGALLY CHARGEABLE with waste Remedy - A court may grant INJUNCTION if the destrive acts impair the security of the seller or mortgage |
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Remedies for Waste
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Voluntary Waste - Deliberate Destructive Acts
Treble Damages (If D acted WANTONLY or RECKLESSLY) +Compensatory Damages +Prohibitive Injunction PERMISSIVE WASTE - by OMISSION, falls in to disrepair Damages measured by costs of repairs No Injunction Available AMELIORATING WASTE - Alterations that INCREASE VALUE Generally NO compensatory damages Injunctive Relief EQUITABLE WASTE - Not legally chargeable with waste Court may grant an injunction |
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Equitable Waste
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A life tenant who is granted an estate "without impeachment of waste" (may not be sued for waste) may not commit acts of flagrant destruction inconsistent with the fruitful use of the land. For example, a mansion may not be stripped of its glass, timber or pipes
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Remedies Available For Ouster
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1. Ejectment
2. Unlawful Detainer 3. Injunctive Relief 4, Restitution |
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Ejectment (Ouster)
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A party who can show a right to possession and wrongful withholding by the Defendant may recoer the land plus "Mesne Damages", plus all other damages reasonably related to the ouster
Mesne Damages - Damages measured by the rental value of property of the ACTUAL BENEFIT GAINED by the wrongful occupant |
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Unlawful Detainer (Ouster)
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A provisional remedy to obtain POSSESSION of property; the only issue is the Plaintiff's right to possession. Besides possession, the P can be awarded damages for loss of use measured by RENTAL VALUE and Consequential Damages
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Injunctive Relief (Ouster)
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Generally NOT available because the legal remedies (Ejectment, Unlawful Detainer) are considered adequate
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Restitution (Ouster)
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Generally there is no Separate action for restitution for use during ouster because of historical reasons
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Injunctions for Remedying Encroachments
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Where, by mistake or inadvertence, a building or other structure is constructed in such a way as to encroach on plaintiff's property, a claim for trespass arises.
1. Was it DELIBERATE AND INTENTIONAL 2. Hardship to defendant that would GREATLY OUTWEIGH hardship to Plaintiff is encroachment not removed? Remedies 1. Could will order D to remove 2. Court will order D to pay value of property |
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Remedies Avaiblae for Acts of Simple Trespass
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DAMAGES - Compensatory and Punitive (If trespass was intentional and in face of protests by landowner)
INJUNCTIONS - To prohibit repeated simple acts as multiple suits for nominal damages is not an adequate remedy at law QUASI CONTRACT - Some courts will allow a landowner to bring a quasi contract action against the trespasser for the VALUE OF THE TRESPASSORY USE RESTITUTION IN EQUITY - If Plaintiff seeks and injunction, the equity court can in addition grant restitution of the BENEFIT GAINED BY TRESPASSORY USE |
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Summary of Remedies for Inducting Breach of Contract
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DAMAGES - Most courts will award Plaintiff all damages PROXIMATELY CAUSED. Others limit damages to what Plaint could have recovered from breaching party.
INJUNCTIVE RELIEF - Generally not available unless torfeasor's conduct is CONTINUING RESTITUTION - Questionanle whether restitution is available because he only benefit when he makes a subsequent contract with the breacher, but some courts will allow such an action. |
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Remedies for Patent Violation
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INJUNCTION - Against further infringement: and
DAMAGES - Adequate to compensate P for: -D's profits from use of Patent (Evidence of Reasonable damages) -If not other damages are provable, a statutory REASONABLY ROYALTY may be recoved by the Pecuniary loss to the patentee because on the sum the parties would have bargain for in good faith and -Treble Damage (If infringement was WILLFUL) -Attorney's Fees is the infringer acted in BAD FAITH |
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Remedies for Copy Right Infringment
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INJUNCTION - Count may ENJOIN violation of Copyright
IMPOUNDMENT AND DESTRUCTION - Copies may be order impounded during the suit and destroyed after the suit DAMAGES AND PROFITS - Any actual damages and any additional profits made by the Defendants that are not taken in to account in computing actual damages STATUTORY DAMAGES - In lieu of damages or profits, may elect to recover statutory amount between $750 and $30k (or if willful $150k) |
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Summary of Remedies for Misappropriate of Trade Secrets
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DAMAGES - Award of PROFITS that P lost as a result of D's unlawful acts or D's profits of the are mere or consequential damages. Punitve is D acted w/ MALICE
INJUNCTION - Prohibitory use of misappropriated trade secret either permanently or for time it would have take misapropriator to develope info composing the trade secret - lead time ACCOUNTING - to recover profits derived from improper use of trade secret. |
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Anticipator Repudiation
Options for non breaching party |
1. Encourage Performance
2. Treat Repudiation as final and sue for Breach 3. Await performance and THEN sue for breach |
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Primary Rights Theory (CA)
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All claims based on the same cause of action must be decided in a single suit; in not brought initially, the may not be raised at a later date.
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