Remedies

Front 1

Under the UCC if the breaching buyer has not yet accepted the goods the seller may

Back 1

withhold goods

resell to another

sue for the contract price

recover the contract price less the market price

Front 2

Under the UCC if the breaching buyer has already accepted the goods the seller may

Back 2

sue for K price

reclaim goods

Front 3

specific performance of contract allowed when

Back 3

the legal remedy is inadequate

the terms of the contract are definite and certain

it is feasible for the court to supervise and enforce contract

mutuality of performance exits

no defenses apply

Front 4

punitive damages

Back 4

available only when defendant commits malicious and intentional conduct and are generally limited to intentional torts

Front 5

general damages

Back 5

compensate the plaintiff for foreseeable losses

Front 6

special damages

Back 6

compensate plaintiff for any damages not necessarily foreseeable

Front 7

Limitations of damages

Back 7

duty to mitigate (contracts)

too speculative, must be proven with certainty

Front 8

replevin

Back 8

legal remedy which allows the plaintiff to recover possession of specific personal property which was wrongfully taken

plaintiff may also recover compensatory or restitutionary damages for loss of use

Bond: P may recover property before trial but will have to post bond.

Redelivery bond: D may defeat immediate recovery by posting a redelivery bond

Front 9

constructive trust (equitable)


P may choose constructive trust if the property increases in value.

Back 9

law imposes a trust on property compelling defendant to reconvey title to property unjustly retained

1. unjust enrichment
2. must identify specific property that was wrongfully acquired
3. Legal damages inadequate (IE D is insolvent)

Front 10

equitable lien (equitable, duh)

P may choose equitable lien if the property decreases in value and may obtain a deficiency judgment for the rest. P takes priority over creditors but deficiency judgment does not.

Back 10

law imposes lien on property

1. unjust enrichment
2. Must identify specific property that was acquired wrongfully OR
3. D's property was improved by plaintiff
4. Legal damages inadequate

Front 11

Tracing: if D has disposed of specific property, P may lay a constructive trust/equitable lien on the property directly traceable to the specific property.

Commingling presumptions:

Back 11

1. D spends his own money first

2. D invests P's money first

3. Lowest intermediate balance: if there are successive deposits and withdrawals, P is entitled to the lowest intermediate balance.

Front 12

Restituitonary damages/quasi-contract

Back 12

designed to pay to p the reasonable value of a benefit unjustly obtained, measured by D's gain

Front 13

seller breaches, buyer keeps goods

Back 13

FMV as perfect - FMV as delivered

Front 14

seller breaches, seller keeps goods

Back 14

Market price OR replacement price - contract price

Front 15

buyer breaches, buyer keeps goods

Back 15

contract price

Front 16

buyer breaches, seller keeps goods

Back 16

contract price - market price at time of delivery OR resale price

Front 17

consequential damages

Back 17

P may recover indirect damages unique to this contract only if the damages were foreseeable at formation

Front 18

liquidated damages

Back 18

damages from breach were difficult to ascertain at time of formation AND

liquidation amount was a reasonable estimate of losses under the circumstances

Front 19

Temporary Restraining Order

Back 19

Irreparable harm

Likelihood of success

Bond

Front 20

Preliminary Injunction:

Back 20

is a temporary injunction granted after a hearing, designed to maintain the status quo pending completion of hte proceedings.

Irreparable harm

Likelihood of success

bond

Front 21

Permanent injunction (awarded after trial)

Back 21

1. substantive merits

2. legal remedies inadequate

3. balance equities/no undue hardship

4. feasibility (negative/prohibitory not as difficult as mandatory)

5. property right/protectible interest

Front 22

Contempt: court's ability to enforce injunctions

Back 22

criminal contempt: court imposes fines or jail sentences for violating the injunction. D cannot defendant against the contempt charges on the grounds that the injunction was invalid. D must comply with the injunction and appeal


civil contempt: court imposes fine or jail time to coerce D to comply. D can defend against civil contempt on grounds that the inunction is invalid.

Front 23

when legal remedies are inadequate

Back 23

unique items/irreparable injury

repeated acts

prospective tort

insolvency of D

speculative damages

Front 24

lowest intermediary balance

Back 24

where withdrawals from a commingled account cause the balance to sink below the amount of the injured party's claim, the victim may obtain an equitable lien only to the extent of the lowest intermediate balance of the account

UNLESS it can be shown that the D expressly intended and withdrew the money with intent to replenish the funds received from the theft, etc.

Front 25

Damages in a strict liability case

Back 25

recoverable damages are limited to the dama ges of the p's person or property. If pure economic loss, no recovery