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128 Cards in this Set
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Samantha breaches a K to sell her house to B, and B seeks to reocver the following items of damage: 1) excess of the value of the house over the agreed selling price; 2) an nonrefundable mortgage application fee that Bertha paid to her prospective lender; and 3) the down payment that B had paid to S. Classify these items of damages according to the three interests identified by Fuller and Perdue.
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p. 46-1) expectation; 2) reliance 3) restitution
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Simpson Co. sold dry cleaning equipment to Acme Laundry, which is located near Fr. Benning, GA. Delivery of the equipment is two months late and, because of the delay, Acme loses $10,000/mo in profits on an unusually lucrative K to do the cleaning for the Army base. W/o the army K, Acme's lost profit would have been about $4,000/mo, which is a normal profit for dry cleaners in the area. Simpson knew at the time of the K'ing that Acme intended to use the equipment immediately in its business but did not know of the K w/ the Army. What is the best argument for limiting Simpson's liabilty to Acme? Would this argument be permissible under Section 2-715 of the UCC?
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p. 68
Hadley v. Baxendale Depends on whether it was foreseeable?? |
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Steve Wilson pruchase a new Sphynx from Acme Motor Co. After using the car for a week, Steve discovered a number of annoying defects: the interior dome light did not work, the right passenger window leaked in hard rainstorms, and the air conditoin blew hot air and dust into the passneger compartment. Recognizng that some such dificulties unfortauntely were to be expected, he took the car back to the dealr for repairs, which were quickly and effectively completed. Steve's wife had to go out of her way to pick Steve from the dealership and Steve had to use public transportation. Transmiission thaen didn't work when Steve was on vaca and he lost two days of his vacations.
Assume that the defects constitute breach of warranties and there are no applicable K provisions liming the remedies. Assume Acme agreed to replace defectively automobile with a new one. What else could Steve recover for? |
Lost profits from a meeting?
Problem: Foreseeability, Mitigation Missed vacation days: Foreseeability problem Towing expenses Vacation owner was awarded $200 in EDD when D braeched its warranty obligation for providing damages. Money wife spent takng him places Gas & Public Transportation Out of pocket expenses are compensated but non-out of pocket expenses no If Steve's an hourly employee, and he's late for work and he gets docked an hour of pay, he will get to recover that BUT if you have your wife do it for free, NOT RECOVERABLE! What about mitigating damages? Mitigation is more in terms of cutting the loss itself, not because of what you have to pay someone because of the loss |
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P was injured by D. Now P can't play golf. Can P recover anything?
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p. 507 Problem 6-B
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(a) P and D Flood Control District have entered into a K under which P agrees to construct a dam and D agrees to pay P progress payments based on proportions of the work completed and to make payment from a federal grant. D receives the grant but defaults in progress payments because, with approval of the federal granting agency, it intends to use part of the the funds to fiance a different K to expand the project. Is P entitled to an injunction to compel payment from the fund?
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p. 226 ?? No, this is an economic breach. D should pay P what P is owed for the work completed.
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(b) Same facts as above but D is insolvent. Is P entitled to an injunction to compel payment from the fund?
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Yes. This is like Johnson. In this case, compared to remedy at law, equitable relief is better.
Economic breach only if D is able to pay damages. Other creditors would be hurt here, BUT there is a connection between P and D. |
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(c) D, auto dealer, agrees to sell a new model sports car to P as soon as first deliveries are made by a German manufacturer. Publicity given the new model engenders a great demand and D threatens to sell the cars as first delivered to D's old customers rather than to P. Is P entitled to specific performance of his K w/ D?
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Argument for inadequate relief: Hard for P to mitigate damages (replace car b/c it's in high demand);
Specific performance can be given when the goods are unique (UCC 2-716) or in other proper circumstances Argument for adequate relief: This really isn't about uniqueness. This is about timing. P wants the cars NOW. What about the ability to cover? Get cars from another dealer and sue for the difference |
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(d) D, auto dealer, agrees to sell a new Mercedes coupe w/ a red top and white body to P. The paint combination is uncommon, D threatens to sell the car to an old customer who wants it. D tells P that P will have to wait four or five months or accept a Mercedes coupe painted differnlty b/c D will not for that time recive another shipment of a coupe painted red over white. Is P entitled to specific performance of his K?
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Legal remedy probably not adequate. P also has to wait in this case.
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(e) Pursuant to a policy fo the police department of the CIty of X, police illegally enter P's home w/o a warrant and remove and destroy P's collection of antique inoperable slot machines which are replaceable on the open market at quoted catalog prices. They threaten to do so again if P replaces the collection. P sues for damages for the past harm and for injunction to prevent future repetition. Should the injunction be granted?
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YES: Similar to Tamarind (multiplicity of lawsuits)
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The facts are the same as in (e) but there is no threat as to future conduct related to P b/c he does not intend to replace his collection. Should injunctive relief be granted to P if P established that the City of X will, unless restrained, continue to comply w/ its policy as to others?
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AGAINST INJUNCTIVE: No multiple lawsuits. There's no threat of future conduct b/c P does not intent to replace his slot machines.
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Client runs a bakery in LA for 20 years. Client doesn't own the land, he leases out the bakery. There's a bulldozer out front trying to destroy it! On order from landlord to tear down the building.
What should the baker do? |
MUST FILE A TRO: TRO will usually hold a party over until a hearing can be held on a preliminary injunction
Injunction of a very short duration Purpose: hold off the action until issue can be resolved TRO's last about ten days THEN…motion on prelim injunction |
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Why does a TRO or Prelim Injunction discourage settlement?
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Let's say Landlord (D) hasd a lucrative K to develop a shopping center and had to deliver the proeprty w/ building torn down. IF P gets prelimilinary injunction, you can see D's deal is going away. Once P gets that injunction, STRONG incentive for D to settle. If P loses prelim injunction, no need to give D ANY settlement $$!
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WHO IS HOLDING THE AG?
Assuming that you are the trial judge for Vuitton, that you have not modified your order to braoden the scope of the injunction to include Mirage and the three Mizrahi's personally, and that youa re hearing the matter on remand from the Court of Appeals. IN which of the following situations would you find Solomon, Mauri, Joseph, and/or Mirage in contempt of the decree enjoining the sale of Vuitton goods? (a) Two stores (Carousel and Mirage) obtain counterfeit Vuitton bags from the same supplier, and that after the injunction Solomon instructed the supplier to divert shipments scheduled for Carousel to Mirage. If those are the facts, can we hold Solomon, Joseph and Maurice in contempt. |
Solomon: He will argue he is following following the inunction. Not really acting in concert w/ Concert.
Acting in concert: Look to see if the named party is getting some benefit. Doesn't have to benefit personal helping. (ex. kickbakcs, $$ interest). |
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(b) Same facts that we just did, but Mirage paid Carousel 15% of the sales price of each bag originally schedule for shipment to Carousel and diverted to Mirage.
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YES. NOW IN CONCERT.
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(c) The evidence establishes that Solomon told Maurice of the order, and that Maurice then contacted the supplier and diverted the shipment to Mirage and agreed to pay Carousel 15% of the selling price of each diverted bag. Carousel sells all of its assets and goodwill to Mirage, which takes over the store formerly operated by Carousel and changes its name to Oasis. Solomon sells all of his interest to Maurice and Joseph, who know of the injunction and continue to sell the counterfeit bags.
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???
Did M have actual notice? YES Acting in concert? YES, Carousel benefited from the 15% kickback. What about Joseph? Did Joseph have actual notice? YES Acting in Concert? Problem: Was Carousel still benefting after it was sold to him?? |
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(d) Carousel sells all of its assets and goodwill to Mirage, which takes over the store formerly operated by Carousel and changes its name to Oasis. Solomon sells all of his interest to Maurice and Joshep, who know of the injunction and continue to sell the counterfeit bags.
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Actual notice of J amd M? YES
Acting in concert? ???SAME PROBLEM IS CAROUSEL BENEFITNG FROM BUSINESS BEING SOLD?? |
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Suppose Solomon sells all of the assets and goodwill of Carousel to United Handbag OUtsels, which does not know of the injunction against Carousel. United continues to sell the counterfeit bags.
(a) Without further notice to United, Vuitton seeks an order holding United in contempt. Is Vuitton entitled to such an order? |
Actual notice? NO
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(b) Vuitton gives notice of injunction to United, which continues to sell the counterfeit bags. Vuitton seeks an order holding United in contempt. Is Vuitton entitled to the order?
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Actual Notice? YES
But is Carousel benefting??! |
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(c) In (b), can United challenge the validity of the injunction in proceeding which seeks to hold it in contempt?
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x
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Restitution: Anita took $150 from Ben and won $1,000. Should Ben ask for compensatory or restitution damage?
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Restitution
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Restitution: Anita took $150 from Ben and only kept $50. Should Ben ask for compensatory or restitution damage?
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Compensatory. The gains to the D are smaller than the losses to the Plaintiff.
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Bank accidently gives you $100K instead of $1K. You put it in your bank. What can the bank do?
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The ONLY remedy is restitution.
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Ex. Entering into a K to purchase a house. K is invalid. In the process, given$10K to D as down payment. Cant' sue his for breach of K because it's invalid. What can P do?
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Could sue in restitution and ask the court that the $10K has unjustly enrichment the D. Court would probably say yes on that fact pattern.
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HYPO 1: Bank mistakenly puts $1million in your bank account. Are you enriched.
If you keep it and don't give it back, is it unjust? |
YES
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HYPO 2: Let's say that a contractor put a pool in your backyard by mistake (you were on vacation).
Are you enriched? |
YES
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What's the difference between HYPO 1 & @?
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"Choice" principle: Court would not force you to enter into a K (that would be interfereing w/ person's individual autonomy)
What about HYPO1? Probably give money back |
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UNPAID CONTRACTOR
Paul was retired and lived on a modest pension. His adult daughter lived with him in the home tht he had owned for a number of years and she, with Pauls' permission, hired a contractor to do some much needed remodeling of the home. Paul was not a party to the K. After the work was done, but before the contractor was aid, P's daughter declared bankruptcy. Contractor sued Paul for the reasonable value of the remolding work. Who should prevail? |
Argument for the contractor: Father could be an implied party to the K?
Argument for the father: Father never chose to enter into the K. If the court makes him pay they would be forcing him into a K. What about father allowing work be done? Consenting for services to be paid by DAUGHTER, not by FATHER. What if the work had been done w/o Paul's permission or knowledge? Weakens contractors arguemnt. More like pool! |
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A's life is insured w/ B Co for $5K. Carrie is the anmed beneficiary. Body of a shipwreck victim is ID as A. Neither B nor C questions accuracy. ON recipet of formal proof if A's death, B Co pays C $5K. Adam later discovered alive. May B obtain restitution from C for $5K?
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Insurer assumed risk of mistake???
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M contracts w/ N to build a shet on what M believes to be N's proeprty. M builds sehd at a cost of $5K and Nancy has not paid. O is real owner of property and he did not give N permission to have shed constructed. O evicts Nancy, tears down sheet, and sells the land to P. Land K price was unaffected by razed shed. May M recover $5K or some other amount from O?
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No, no restitution w/o enrichment. O was not enriched.
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Q and R are brother and sister, sole equal heris of mother's estate. S, friend of Q and R's late mother, tells Q that his mother had very little personal property. Q then disclaims nay interest in mother's personal property in favor of his sister. It runs out that unbeknownst to S, Q or R, Q as R's mother had a safe worth millions. Can Q recover half of value from S?
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Court is likely to allow Q to recover. Restatement covers both fraud and innocent material misrepresentations.
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S finds a boat floating in her her lake house. She repairs the boat and stores it until its rightful owner comes to claim it. Two years later, T discovers that S has been holding her broad and retakes it, refusing to pay for its repair or storage. Does S have a right to restitution? Should it matter whether she expected compensation from the boat owner?
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???
Facts don't say whether S is professional. Courts could adopt Good Samaritan situation. Restitution is available if circumstances justify claimant decision to intervene without request and it is reasonable to assume owner would wish the action performed. |
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M tells Son that if he will construct an additon to her house, she will allow hi to live in it and convey the property to him before her death. Son makes requested improvements at a cost of $35K, increase value by a like amount. Repudiating her promise, M sells hosue to D for one dollar. D evicts son from premises. Does son have a claim in restitution against D?
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Yes. Daughter has benefited from increased value to property. Son conferred benefit to both himself and his mother. Now D is benefited through increased value and it would be unjust to allow her to keep this benefit.
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C signs a written K to buy a used car from D for a purchase price of $5K. Fair market value of car is $4K. Carol pays $5K and promptly crashed car. Carol is 16, and law in state allows minors to rescind K for sale. Can D recover anything in restitution?
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Yes. Dino would bring a claim for reasonable value of car, $4K.
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K writes her first novel. It sells well, earng her $100K in profits M discvers that a # of passgers in book have been copied from M's earlier novels. When confronted w/ copied passages, K claims that copying was innocent and done w/o conscious intent to do so. Says she is a great fan of M's work and must have inadvertently copied the material. Is M entitled to K's profits, looking at common law?
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Amount of $ M can recover depends on whether K was a conscious wrongdoer. If she really innocent copied passages, the profits might be the value of a license to use the copyrighted material. To the extent it was conscious, K might have to give up her entire profit.
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G is a contractor who has substantially completed a major remodel of H's kitched. K price is $40K, and H paid half in advance. H tells G he won't pay $20K remaining b/c he believes G's work is shoddy. In fact, G's work has been perfect and it sH who breached the K under applicable K law. G has spent $50K so far on remodeling, which is reasonable alue of contracting work and needs to put in about another $500 to complete the project. What, if anything can G recover in restitution?
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G is a party to alosing K. HE agree dto remodel H's ktiched for a K price of $40K, and complete perfomance is $50,500. G would like to recover $30K in resituiton, difference between reasoanble vlaue of what he has providded and what he has recived. |
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PROBLEM 4-B: The Helpful Neighbor
While Sally was out of the country on a vaca, her home was seriously damaged by fire. Fire dep extinguished fire but left a gaping hole in roof. Harry, Sally's neighbor, was building contractor by trade, and had one of his employees spent most of a day patching the roof to prevent further damage to the house that would likely have resulted during the severe winter. On Sally's return, Harry presented her with a bill for reasonable value of the materials and labor used in repair project. Sally, who has had other fire damage repaired and is again living in the house, refused to pay the bill. What result in a restitution action by Harry against Sally? |
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No b/c under Bailey a volunteer cannot recover when there s a quasi=K? |
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D walking down the street and passes out. Dr. Greenspan walks by and does an emergency tracheotomy and saves D's life. Dr. G sends bill to D.
Can doctor recover? |
Yes. Why do we let doctor recover? What about D's choice? We could say D has been deprived of his choice, BUT 99% of people in the world would choice the emergency medical treatment
Posner: The cost of a voluntary transfer/K is prohbitive. B/c the transaction cost are so high (if you wait for D to regian cosnciousness, that's probably too late) |
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How is Greenspan different from the emergency case?
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Emergency not as great
But court calls this situation an emergency. BUT there was every reasonable opporutnity for the parents to call the doctor. Perhaps daughter's parents had insruance. |
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17 yr old girl got into a car accident. Emergency worker takes her to hospital. Girl says, "please don’t' tell my parents." After she is discharged the hospital sends the bill to parents. Can hospital recover?
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They can recover for emergency services but not for the week of hospitalization. Deprived parents of the choice of where to have the child treated.
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Problem 4-C: p. 409
Jane suffered a heart attack while driving to the aricport. She ges into an accident and ends up in a river. A doctor is driving on the bridgea thte ame time. Doctor dives into the water and pulls Jane out. Then an insurance salesman who gives her CPR. Bystander calls an ambulance. Ambulance transports her to the hospital. Who can recover? |
Doctor: Maybe, but really acting not in his professional capacity!
Insurance salesman: NO, b/.c he's not trained to do CPR Ambulance: Yes, providing professional services |
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HYPO: You need $100 so you go to your friend B. B pays you $100. Dean pays debt to B. Does A owe Dean $100?
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No. If Dean wanted to, he could contract w/ A.
Takes away the choice. People should be free to choose who they are indebted to. People who pay off other people's debts are not going to get restitution because you've become an inter meddler. |
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In Gallagher v. Aetna, what should Gallagher done nstead of paid Aetna' debt?
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Debts are assignable. You can buy debts (subrogation).
If they wanted to pay Agnus, they should have approached Agnus and say, "we want to buy your claim against Aetna" |
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Contrast Swimming Pool Hyo P builds swimming pool lon land that belngs to D by mistake.
Let's say the court DID award restitution. We're going to make P pay. But how do we measure P's enrichment? |
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Difference in fair market value of the home (Vlaue of the pool, objective) --Reasonable value of contractors service (objective) --Value of pool to D (subjective) -->Could D recover as being HARMED under this case? |
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Say D is a stock broker and embezzles tock but embezzles it to buy a house. What can P do?
What if the house appreciates to $150K? |
P gets to follow what was taken from them and trace it to a new product, the house.
P can still get $150K b/c D used ALL of P's $$ wrongfully. |
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Artist steals pains, canvas, brushes and makes a painting. Does store that carried items have a constructive trust over items?
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Probably not. There is independent hard work.
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Blackacre is owned by D and D defrauds P about to Blackarcre. D then buys Whiteacre. P can trace and get a constructive trust. Let's say instead D defrauds P out of Blackacre, & sells Blackare, and instead travels with it and THEN buys Whiteacre. Can P get a constructive trust for Whiteacre?
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NO.
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Hirsh house was purchased w/ $100K that came from P's property and $100K that came from D's property. Ended up w/ Dorris. Can P recover w/ a constructive trust?
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NO. Not fiar b/c Hirsh used his own $$.
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D embezzles $10K from P and uses $10K of his own money to buy a $20K home. If the house appreciates to $30K, how much can D recover?
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P has three options/possiblities:
1) $10K (majority use/conservative) 2) $15K (amount embezzled plus half of appreciation) 3) $20K (amount embezzled plus all of appreciation) |
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Jack takes $100K from P's. $100K of his own money. $100K from bank loan. Uses all this to buy a house. What can P get from an equitable lien?
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an get an equitable lien BUT bank is going to be prioritized over P's lien. If Jack does not pay back P, then P can forelcose. The proceeds will be paid in total to bank first and anything left will be used to satisfy kids, and THEN P would get the $$. Priority is determined by when the lien is recorded.
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If D embezzles $100K to buy stock and it is now worth $60, what should P do?
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P is going to get judgment for $100K. We can trace P's money into the stock so we can impose an equitable lien on the stock. So P gets $100K money judgment secured by an equitable lien. Still has a judgment for $100K so now P has a deficiency judgment for $40K for the D. This may be worth something.
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A' stire blows out while he' sdriving on State Route 5 in a remote area during a cold winter. There is no cell phone reception. He spots Betty, a retired accoutnaing. He could ahve sufferd from hypothermia or worse. Said she'd sell it and put in on for $1K. Towing company would have charged $150 for call and $100 for tire. Andy reluctantly agrees. B puts on tire. Andy does not send B the check. If K is not enforceable, restitution. Does A owe B anything?
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B should be able to recover the reasonable value of what she proceed A, at least for the tire. B will not be able to obtain value of being saved from hypothermia. Tire's value is $100. Because B said she is NOT a good Samaritan, she may be able to recover the $150.
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M was out at sea. Skipper and Gilligan kept the ship tied to the dock, preventing hte loss of life and proeprty damag. Dock suffered $500 in damages. Had the shop not been at the docked, there would have been $50K in personal injury and property damage.s Reasonable fee to dock the boat under normal circumstances would have been $50.
How much can S and G recover? |
$50-reasonable value of services. ??OLWELL CASE???
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D's sold rare cons over the Internet. Buisness was not doing very well. Looked as though businss might fail. D took all the orders that rrived during week of Jan 1 and put payments for those orders of a special bank account D's knew there wa sa risk that they could not fulfill orders. D's did not fill orders and D went bankrupt. Group of P's whose orders arrived during the week of Jan 1 asked the court to grant them a constructive trust over the assets in that bank account. Should court grant constructive trust, giving P's preference over bankrupcy?
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No. Courts will not impose a constructive trust in a bankruptcy in the absence of fraud, theft, or similar bad conduct.
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A steals a camera and sells it to the pawnshop for $200, its fair market value. Owner of pawnshop is a BFP and later sells camera to another person who cannot be located for $225. Anita deposits $200 into her bank account. Anita is not bankrupt. Should the court impose a constructive trust on the $200 in Anita's bank account?
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Problem here is constructive trust is an equitable remedy. A could argue damages here are just as good b/c she's not insolvent. (BUT ??? LOOK @ OUTLINE) see pg. 301 of E&E
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H steals Ike's car and sells it for $25K to a buyer, who has desappeared with the car. H gives $10K of the cash to her boyfriend, Jake. Jake despots the money into his bank account, which had a balance of $1,000. Jake then withdraws $100 fro his account to buy groceries and a lotto ticket and wins $1 million. HIlda takes the remaining $15K and goes on a shopping spree. What, if anything, can Ike reocver from H and J?
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Jake: Gratuitous donee. Jake must argue that $1 of the $100 withdrawn was his money. That would give Ike $ 1, 009,999. (BUT HOW DO WE KNOW IT'S JAKES??)
Hilda: Ike may recover the goods Hilda bought in addition to his recovery from Jake. |
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A dies, leaving a track of unimproved land by will to B. B sells the land to C, a BFP, who clears the land and builds a house which he occupies. Will is found to be invalid, with the result that the title to he land passes to D, A's heir. D intends to sell property. Can C get an equitable lien over the value of the improvement he made to D's property? b) what if D did not intend to sell the property but instead intended ob build a house and live there?
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a) The Restatement says that D should be given an election between paying C the portion of the sale attributable to C's improvements or selling C at the property's unimproved value.
b) Court his flexible on this one. |
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Q steals $1K form R, his employer. Q uses the $1K to buy a gold necklace for his girlfriend, S. Can R get an equitable lien against the necklace?
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Some courts will limit the remedy of equitable lien to real property. Equitable lien also gives R the right to a money judgment secured by property. Constructive trust is a better option.
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S steals lumber from F's property and uses it buidl a house on his land. The lot was wroth $50K. The lot and house are $150K. The market value for the lumber that S stole is $10K. The other building material are $40K. Is F entitled to an equitable lien? If so, for how much? If F is entitled to an equitable lien ,who should she prefer a constructive trust over that remedy?
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F is enttield to an equitable line. S s entitled to $10K for lumber. She may cliam a high er amoutn based on share of the appreciation under the apportionment of the profits. Some courts may give her option of constructive trust instead. Interest would be 10% of value of home or $150,000. OR, court could give equitable lien of $10K plus ALL of appreciation, or $60K altogether ($10K + (150,000-($50K+40K))
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D embezzles $100K from P, gets a loan from a bank of $100K, and uses $100K of his own money to buy a house.
Who much does P get? Traditional approach, modern? |
i. Under traditional approach, P will get EL for $100K.
ii. Under most rules, bank’s lien will be superior to the EL because it was recorded first. When property is sold, bank will receive its $100K first, then P will get his $100K next, and finally D will get whatever remainder there is, if any. |
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D embezzles $1,000 from P and uses it to buy stock.i. Assume stock increases in value to $2,000. Would P want a constructive trust or equitable lien?
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P would want to sue for CT because then he would receive the whole value of the stock, after the appreciation.
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Assume the stock decreases in value to $500. What kind of remedy would P want?
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A. P would want to trace to the stock and get an EL in the amount of $1,000, secured by the stock. That way, P would become a secured creditor w/r/t the stock (i.e., he wouldn’t have to share its value with any other creditors) and he could foreclose on the stock and sell it right away; he would also receive a deficiency judgment for the remaining $500, which would be unsecured but would be collectable upon D getting other assets.
B. This would be preferable to simply suing D for $1,000 because the entire $1,000 would be unsecured and D may or may not have assets to cover it (and he may have other creditors who would get paid first). |
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HYPO 1:
Step 1: D embezzles $1K form P and puts it in a NEW bank account Step 2: Then D adds $3K of his own money Step 3: Then D withdraws $1K and buys a painting now worth $5K Step 4: D withdraws $2K and spends it Step 5: $1K is left in the account What does P get under FIFO? What does P get under FIFO if Step 3 and 4 are switched? |
P gets the painting. If Step 3 and 4 are switched, P is out of luck!
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Hallet's Estate Fiction:
Step 1: D embezzles $1 from P and puts into an account Step 2: D adds #3K of own money Step 3: D withdraws 1 and busy a painting now worth 5 Step 4: D withdraws 2 and spends it How much does P have? |
1 is left into the account which is P's $$
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Alfred absconds w/ $10K that belongs to his former friend and business partner, Paul. Alfred deposits the $10K in a bank account containing $10K of his own funds and shortly makes two withdrawals. First, Alfred draws out $5K which he uses to purchase a boat. Second , he withdraws $10K that Alfred and his family spend on a vacation to the Far East. So, there $5K left into the account.
Paul and creditors are going after the funds. |
Paul and creditors are going after the funds.
Paul would like to go after either the remaining funds or the boat, but there is not enough left in the account to COMPLETELY pay off Paul. But, better than nothing b/c don't have to share w/ creditors. Under FIFO, Paul could get a constructive trust over the $5K left in the bank account. |
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Kathy is a real estate agent. Already has a bank account with $10K of her own money.
1) K has $10K in account $10K 2) K adds $10K from A $20K 3) K withdraws $15K & spends $5K 4) K despots $5K of own $ $10K 5) K withdraws $2K and spends $8K What can A (Plaintiff) get a constructive trust over? |
FIFO (Clayton's case): $3K of $8K
Hallet's (presume K's subsequent deposit is NOT meant to reimburse P): In step 3, assume that D is using his own $$ first so takes out $5K out of P's $$. In step 5, the $2K comes out of D's $$. So there's a constructive trust available of $5K. CA Rule: Presume that subsequent deposits are intended to reimburse P. When K makes the deposit of $5K she is intending to reimburse. Under Hallet's using CA Rule: A is entitled to $8K. Additional $5K reimbursed A's $5K that went away when D withdrew $15K. |
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Step 1: D deposits A's $5K
Step 2: Withdrawal of $2K Step 3: D deposits B's $5K Step 4: Withdrawal of $4K Step 5: D deposits C's $5K Step 6: Withdrawal of $2K Between A, B, and C using the tracing fictions, what can each get a constructive trust over? |
FIFO:
A: $0 Withdrawal #1 comes out of A. Withdrawal #2 comes out of A and B's $$. B: $2K C: $5K BUT doesn't really seem fair to reimburse C everything just b/c of the order that their money was taken from them. Doesn't seem equitable. What about dividing it by 3 so that each gets $2,333. What's wrong with this? Flies in the face of reality. So, re Walter uses the pro rata share approach: Look at the amount attributable to each party at the time the withdrawal are made. Step 1: $5K Step 2: Withdrawal of $2K -->Could only have come from A, so allocate $3K to A Step 3: D put $5K of B's $$ in. Now $8K. Allocate $8K according to percentage of A's $$ in the account and B's $$ in the account. At this point, A had $3K in the account and B has $5K. Because A has 3/8 of $8K and B has $5/8 of $8K which is $5K. D withdraws $4K which leaves 3/8 to A and 5/8 to B. Of the $9K in the account, what's the fractional share of each party? Figure out the fraction: $1,500/$9,000 The lowest common denominator is an 18th fraction. So, A gets 3/18 or $1,500 B gets 5/18 or $2,500 C gets 10/18 or $5 |
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3) J, stockbroker, deposits $10K of C's money into an account
Step 1: J deposits D's $10K $10K Step 2: J deposits C's $10K $20K Step 3: J spends $15K $5K Step 4: J despots B's $5K $10K Step 5: J spends $2K $8K |
D gets $0
C gets $3K B gets $5K Learned Hand Pro Rata Share Appraoch: At Step 3, $2,500 goes to D and $2,500 to C. At Step 4, $2,500/$10,000=1/4 to D. $2,500/10,000=1/4. $5,000/$10,000=1/2 J spends $2,000=$8,000 left. So, 1/4 of $8,000 is $2,000. 1/2 $8,000 is $4,000. |
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Penny's 7 yr old auto damaged by vehicle negligently driven by Adam. Car suffered body damage of $5K. No structural or mechanical damage occurred. Market value declined $2K.
Should Penny be entitled to recover cost of repair? |
Majority in Hewelett: $5K
Dissent in Hewelett: $2K |
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1. Original useful life of A/C was 20 years
2. A/C was injured 10 years in 3. Once fixed, A/C had 15 years of useful life left (+5 years) 4. $5K to repair, but P shouldn’t get full amount because P benefits from longer life (i.e., P gets a windfall). What should P recover under depreciation method? Extension of useful life method? |
B. Depreciation method:
1. [Remaining useful life at time of tort] / [original useful life] (court reduces by amount already used up) 2. 10/20 = $2500 C. % Extension of useful life method: 1. [Remaining useful life at time of tort] / [new useful life] 2. 10/15 = $3,333 |
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Penny's clothing and household furnishings were destroyed through D's negligence. They're mostly second hand clothes. Furniture is old. How should these items be value?
Market value, their replacement value, or in some other way? |
CANNOT get sentimental value (unless it's an heirloom)
What about something old that's been damages? What's the problem of giving second hand market value? Do you really want second hand clothes the way you would be okay w/ a used car? P would be So under-compensated w/ clothes that are used. |
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ANTIQUE AUTOMOBILE
PROBLEM 6-D page 607 Penny owned an antique car until it was totaled. No one was near the car and no physical injuries were suffered. Penny witnessed the incident, however, and she became seriously distraught at the loss of her car, which, she said, carried with it 50 years of memories. A the time of the accident Chevy was in excellent condition. P used automobile she owned, although she owned a motorcycle. She normally took the bus to work. As an antique, Chevy had a market value fo $25K. She spent hours looking for antique cars. She found one for $30K. In the meantime, since Chevy had been her only auto, she needed to rent a small sedan for $500/mo. Identify all the elements of loss for which Penny might seek recovery. |
1) Replacement value
a. Cost $30K to replace b. D will argue that it's only $25K to replace. 2) Lost use a. Recover for $$ to rent the car b. If she was using the car to make a profit, she could recover her lost profits. But b/c she hasn't making a profits, you can also measure it through replacement cost (renting a substitute car) c. D's argument: P should minimize his damages. Just rent a car when she needs it, here she didn't need it to go ot work. i. What should P argue? You're taking away the choice to use the car. So, mitigation argument probably wouldn't work. 3) Can she get annoyance and inconvenience? a. No, b/c she's already covering for the rental value. Here, she has lost use 4) What about the time used for searching the car? a. No, she's using her own time. If she was using a professional, she could recover. 5) What about emotional distress? a. NO. No physical injury. |
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CHRISTMAS TREE PROBLEM pg. 612
D is a good faith trespass, cut and removed trees that P was intending ot cut himself and sell as Xmas tees. What should be the measure of damages. What rule should be used? Whose extraction cost should you use? What about the timing of the extraction? |
Mild measure
Whose extraction cost to you use? Fair market value MINUS D's cost to take out the trees. But if P were more efficient (P's extraction cost was less) then we will defer to P's extraction costs. TIMING: Let's say D cuts down trees in June-->fair market value then is NOT a LOT Usually we do @ the time of conversion But P will argue that the trees will be worth a lot more in December! Court could then deviate from the normal measure @ the time of the conversion |
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Problem 6-E on page 613
D, willful trespasser, cut all of the standing timber on remote property belonging to P. D transported timber to his milled, milled it into lumber, and sold it to George, a BFP for $140/thousand board feet. Stumpage value of timber was $30/1,000, the market value of milled number was $130/thousand, and cost to Daniel of cutting, transporting, and killing was $80/thousand board feet. |
Under Alyeska, how much does P get? $130/thousand feet b/c D is a willful trespasser.
Under Restitution… D was enriched $140. Cost was $80, so cost was $60. Let's say D sold lumber to George and had this money in a segregated bank account. What would P want? CONSTRUCTIVE TRUST!!! Maybe D could counter saying that he put labor into it so he can't everything/offset from a salary. |
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Problem 6-F page 514
Sally had 200 shares belonging to F. On Jan 15, Sally sell sand coverts at $35/share On Feb 25 stock reached its highest value of $60/share except at time of trial. On March 30 Frank discovers; stock at $40/share On April 15 stock at $45/share On June 1, stock at $50/share. On July 10, trial starts; stock at $70 share. |
1) $70--assuming D sold it at the highest point. Encouraging P NOT to cover. Don't sell it until trial. Letting P speculate at D's expense.
2) Option 2: Look at date of discover and reasonable time after that. That's when P is making his decision of when to recover and being able to discover. So, not going to get before he discovered and not going to get at time of trial. 3) NY: $50?? |
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P owns a piece of vacant land. D goes on it and plants crops and grows cotton. Let's say D makes $20K. P's fair rental value was $15K. What can P recover?
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The traditional rule is P can only sue in damages, $15K.
POLICY: Want the land to be used/not go to waste. |
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A owning property
B owning adjacent property A mistakenly builds a stable on B's property. What are the two ways this case could come to the court? |
A could sue B and ask for restitution. OR B could sue A claiming trespass.
Adequate remedy at law? NO need b/c property is unique |
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K price of $100K
Seller breaches, date of sale of fair market value is $115K P had negotiated w/ a third party and procured a K to resell land at $120K Now he can't do that b/c seller breached and P can't get land or specific performance. Now, we have lost profits of $5K What can P recover? Any problems with the damages? |
a. General damages: $15K (FMV at time of breach – K price)
b. Special/consequential damages: $5K (difference in resale K price and FMV at time of breach – i.e., lost profits) i. Must be foreseeable, certain, and unavoidable. ii. They were foreseeable and unavoidable because P already had another K to resell the house at a higher price. c. Expectation damages: Seller is only damaged if the market is going down – if market is going up, then he can turn around and sell the property for even more money. Foreseeability This is like Hadley (lost profits had to be foreseeable) P would have to show that it was contemplated at the time of the K We know buyer can get general damages of $15K What kind of evidence would P want? --P told D that he was going to flip the house --Pre-existing relationship w/ D --But if it's just P buying home it prob not foreseeable. |
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CHECK FACTS: Real Estate broker bought a piece of property for $5K. BUT she didn't do a title search!
$11,000 in improvements to fix it up $22,500 in sale Profit: $6,500 PROBLEM: Property wasn't a JT, it was TIC So, she only gets 1/4 of estate which is $5,626!! Suffers a loss of $10, 375. Sues estate and argues that she is entitled to 3/4 improvements. How much did real estate broker get? |
She gets 3/4 of improvements b/c she was a good faith improper.
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T, driving negligently, runs over U's foot. U pays $10K in medical bills, misses work for 6 weeks ($1K/wk as secretary) and still experiences a great deal of pain. Ursula is a avid tennis player and the doctors believe she won't be able to play tennis for at least two years. What is U entitled?
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Standard tort case, so we want to use our B-A reliance damages rather than C-A expectancy damages formula. No expectancy damages b/c there is no promised position. U will be able to recover her reasonable medical expenses and lost wages.
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Types of damages
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A (position after wrong)
B (status quo ante) C (promised position) |
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V promises to sell W a painting by Picasso. Painting has a market vlaue of $1 million but V agreest o accept $900 if W pays cash. W amends $100K down payment and parties sign a valid K requiring V to deliver picture by next day. Painting is destroyed in a fire at V's home. W is very disappointed. HE goes out and purchase a Cezanne for $2 million. What damages is W entitled?
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Use C-A formula.
W is entitled to a refused of his purchase price ($100K). He would not be successful arguing cover b/c they differ significantly in value. |
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B entered into a K to purchase a house from S for $3000K. A title search revealed that a utility co has a easement through S's garage. As a result, S failed to deliver marketable title at the closing. In a breach of K action by Baker, which of the following are true?
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B's recovery may be limited to restitution of any purchase price paid if S was unaware for the easement.
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B entered into a K to pruchase a house from S for $350K. B paid $25K in cash. B arragne 30 yr loan at 6%. T offered to pucrhase home for $370K. S repudiated K w/ B. B purchased a comparable home for $350K. B paid $70K in cash and obtain a 30 yr loan secured by a mortgage for the remaining $270K. The interest rate on the second loan was 7.5%. IN an action for breach of K by Biggs, what will be the measure of Bigg's damages?
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B is entitled to return of $35K and difference b/w two loan rates.
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P suffered a broken leg and paid $5K for medical treatment. Can she recover $5K from D?
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Yes, if $5K is reasonable value of the medically necessary services that Dr. provided.
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Which of the following circumstances will preclude an injured P from recovering damages for lost or diminished earning capacity?
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NONE OF THE ABOVE: 1) unemployed @ time of tort; 2) P returned to pre-injury job b/f tiral 3) P was an adult who was not employed but instead a full time caregiver
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P was severley injured in an auto accident n which D was at fault. As a reult of his injuries, P was unable to work for 3 mo. Additonally, P will require long-term nursing care and help him meet his daily living needs. In an action for negligence, P will be entitled to recover several items of damages for personal injuries. Which of the following items of damages, if any, must be discounted to present value?
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Damages for long term daily nursing care. Damages that compensate for future pecuniary expenses what will recur periodically must be reduced to present value. Here, expenses for daily nursing will recur periodically after trial.
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P was hurt and will not e able to re-enter workforece. P was earning $40K/yr. At time of trial, P had a remaining worklife expectancy of 10 years. A ttrial, epxerts estimated that P's salary would increase over the course of 10 years by 2% annually as a result of cost of living increases; 3% annually due to general increases in industry productivity; and 2% annually as a result of merit-based bonuses. IN an action for personal injuries against Dockers Inc. who would be an appropriate method for discounting P's damages for lost wages to present value?
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Include increases due to cost of living industry productivity and merit-based bonuses in an estimation of Patter's total lost wages and discount by a discount rate based on current yield for a tripe A rated corporate bond. (Pfiefer case)
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P slipped and cut her leg. P's Aunt, a physician, treated P's injuries. A provided medical services for free. If P brings an action against operator of the pool, what will be the measure of her recovery?
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????
P will be entitled to recover reasonable value of medical services that Alice provided |
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P injured in an auto accident. P has lost some mobility in her arm and suffers form severe pain. All docs have agreed that a corrective surgery would restore much of P's mobility and alleviate her pain. But P has refused to have surgery. What is P entitled to recover?
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P would be entitled to recover damages for her pain and suffering if she lacks the means to pay for surgery (OR surgery carried a high risk)
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H is injured in the course of his employment at Electric company. As a result of his injuries, H will be not able to return to work for several years. If H and his wife, W, bring an action for damages against E Co, which of the following is true?
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H will be able to recover damages for lost wages and pain an suffering and W will be entitled to recover damages for loss of companionship.
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Industrial cleaning chemicals were spilled on Poppins during course of her employment. P suffers minor chemical burns. She has has an increased risk of developing certain concerts. What can P collect/
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P can collect dames for injuries from her burns and damages for any future medical expenses relating to cancer treatment if she demonstrates reasonable certainty that she will develop cancer in the future.
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D drove his car over the curb and crashed the car into P's house. IN an action by P against D, which of the following facts would support an award of punitive damages?
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D drove his car into P's house as revenge b/c P had beaten D in a golf tournament.
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A insurance company breached a K causing P to be left w/ damaged home. Under what claim can P recover punitive damages?
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If P can prove bad faith (tort)
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P was injured by a passenger air bag. Air bag manufacturer might be liable for punitive damages if P can prove...
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Manufacture's internal testing data revealed airbag failed to deploy in one out of six crashed and manufacturer decided to market cars w/o correcting defect.
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Jury can consider which of the following factors in punitive damages: 1) $$ condition of D; 2) Extent of harm to P; 3) P's litigation costs
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ALL
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Nimbes read in their local paper a plan to build an apartment complex and they're scared it will bring to o much traffic. Can Nimbes seek an injunction to prevent building the apartment complex?
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No, because lack of threat of (legal) harm
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Mrs. K is shocked to learn her neighbor has a tiger. She's fearful it will escape and harm her small children. Can court issue injunction requiring neighbor to get rid of tiger?
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Yes, b/c tiger poses a real threat of imminent harm.
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A baseball team is threatening to leave its hometown, even though the town plans to build a new stadium for it. What's the best argument for the team to make?
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Balance of equities and hardhips
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S refused to testify as a witness in the infamous Bluewater trial against President C. The court ordered S jailed until she greed to testify. S ultimately served 2 years for her refusal to testify, at which time the Bluewater case had ended. What kind of contempt remedy did the court impose?
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Civil coercive contempt.
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In a divorce action, H is ordered to pay spousal support to W. H does not pay the ordered support. Domestic relations court conducts hearing and takes evidence, finding H has the ability to pay. Court orders H to pay the $4K amount of support owed in 30 days or face up to 6 mo in jial. What result on appeal?
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No contempt against H because the court failed to conduct the necessary procedures prior ot imposing criminal contempt.
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During a trial in an unfair competition case, the judge repeatedly instructs D to be silent. D is loud. May the judge order him to be arrested?
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Yes, judge may order D to be taken immediately into custody.
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Protesters refuse to comply w/ court orders. Protesters are ordered to pay $60K for past violators of the injunction and announced future violation of teh order would be assessed a find of $10K/assault. Court order constitutes:
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Invalid criminal contempt b/ the court did not utilize required criminal procedural safeguards.
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If court instead assessed fines against protests by amount of property damages, pain and suffering, and other loss caused by its violations, it would constitute:
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Valid civil compensatory contempt.
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TROUBLESOME REMODLING PROJECT 9-B p. 805
Contractor owes $8K in cost of repairs Some other items of damages that owner suffered: rental costs, inconvenience from having to live in this apartment for extra time, emotional distress, cancelled housewarming party, house doesn't look as nice as if everything had been done properly What would D definitely get? |
1) rental
-->But if you get rental you CANNOT get inconvenience! (Lost use of property) Maybe cancelling party but foreseeabilty hurdle here Emotional distress-->Can't get it for K claims!!! EXCEPT for when that seems to only type of damages (ex. Burials and telegrams about deaths) Home remodeling projects |
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$100K
$80K to build it $20K profit $30K worth of work Been paid $10K Assume contractor $50K to finish What should contractor get? |
K Damages:
Type 1: Actual cost incurred by contractor plus anticipated profit minus payments received OR Type 2: Unpaid contractor price minus contractor's cost to complete. HYPO applied: Actual costs incurred ($30K) plus anticipated profit ($20K) minus payment received ($10K) = $40K OR Unpaid K price ($90L) mnus contractor's cost to complete ($50K)=$40K Both formulas put P in the positon he would have been had the K been completed |
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HYPO: Loyola fires Prof and Prof can't find any other teaching jobs. Does prof have to get a minimum wage job?
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NO
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HYPO: What if Shirley McLane had been offered a musical? But it was at a substantially reduced salary?
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D is going ot argue: Give her difference in salary. But P is going to argue that she didn't have to accept this other role.
Shirely would argue that she is reducing her rates as an actress. |
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High school teacher who had tenure and he was fired. Teacher takes a job at a hardware store from 9-5. Talented musician and takes a job as a piano player for nights and weekends. Which are these that he could credit against the school board?
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9-5 should be credited agianst the recovery
BUT the night job would not because she could have done this with the old job. |
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Teacher gets fired and incurs $2 in a real estate agent class.
Issue: When the employer fires the employee, is it foreseeable tha th employee is going to incur some cost in retraining? |
Probably no. Also a certainty problem. Not in terms of amount but in terms of is this really something caused by the firing. Maybe she'll make more $$ as a broker.
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Baker contracted to build a home for Owned for a firm price of $180K. All went well until Owen threw B off the job when the home was almost completed. Assume that it is determined that Owen's action was unjustified and thus he is in material breach. Also assume that Owen had paid Baker $140K in progress payments as of the time of breach. Consider the following questions:
1) Assume that Baker's costs incurred until breach is $190K on this K. What would Baker's recovery be if he sued on the K for expectation damages? $140K in progress payments. |
Unpaid K price ($40K) MINUS cost of completion= $30K
So, P would ask for $30K! Expectation measure of damages: $20K loss Normal K measure of damages keeps the loss from miss-bidding the K on the person who misbid the K. Doesn't shift it to the breacher just b/c he breached. |
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2) What if Baker sought restitution under the Acme view or under the restitution view?
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Acme view:
190K (Reasonable value of his services)-$140K (amount of money received)=$50K Problem for D: Now he has to pay $20K more than the K price!!! Restitution view: If you have a fact pattern where P has performed K, then limited to K price. Only when you have a breach that occurs DURNG performance that P is given the option of i/o of giving expectation damages they can get restitution. |
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Assume attorney 1 handles client's case (under a K providing for a 30% contingent fee) through atrial that produces a $100K judgment in client's favor. Client then discharges attorney 1 w/o cause and engages attorney 2 to handle the appeal. Judgment is reversed on a appeal and eventually client recovers nothing. If the reversal on appeal was due to attorney 2's incompetence, does attorney 1 have any rights? Against whom, and under what theories?
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#1: What does the original attorney get? No, he doesn't get anything from the K. The attorney has spent some time on this, but he isn't going ot get 30% of $100K b/c that's the K price. So, has to recover in quatum meruit. So, would get the reasonable value of the services capped by the K price which would be $30K.
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Assume the same contingent fee K as described avoe. Attorney 1 against produces sa $100K tiral court judgment and she is gain discharged w/o cause. This time, however, attorney 2 succeeds in getting the judgment affirmed on appeal and client eventually collects $100K from D. Client then pays attorney 2 $10K, his agreed upon fee for handing the appeal. To what recovery should attorney 1 be entitled? (Assume that attorney 1's K w/ client provided that she was obligated to handle the case through all appeals for the same 30% contingent fee. Assume also that Attorney 1 can show that the reasonable value of her services through the end of trial using a lodestar method, was $24K)
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#2: To what recover should Attorney 1 be entitled? (Assume 1's K w/ client provided that she was obligated to handle the case through all appeals for the same 30% contingent fee. Assume also that Attorney 1 can show that the reasonable value o fher services through the enf od trial was $24K).
Attorney 1 can recover $24K b/c then the client would pay $34 total ($10K for the first attorney) Could say $24K-$10K=$14K but why is that unfair to the attorney? Client is then only paying $24K total. So, maybe what we do is give the attorney $30K-$10K=$20K (and only if client gets $100K judgment) |
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The Defaulting Building: Problem 9-M
Baker contracted to build a house for Owner for a firm price of $150K. Baker unjustifiably ceased performance before completing the house, & it is decided that Baker has not substantially performed. Owen has made no payments to Baker, and the court has also decided that Baker is entitled to restitution for the value of the benefit conferred on Owen by his part performance. How should Baker' restitutionary recovery be measures in the following circumstances? (1) Reasonable value on the market of Baker's performance prior to beach is $165K, the cost to hire another K to complete the house is $30K and the value of the house when completed will be $195K. |
Builder is going to get $120K.
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(2) As of the time of breach, Baker's cost of performance has been $90K and that is also what it would have cost a reasonable builder to do the work that Baker completed. The reasonable cost of completing the house is $60K and the market value of the house upon completion would be $135K.
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Builder: Argue that you want full $90K because it's not the full K price.
Owner: Restatement of K says that b/c we have a breacher we construe a benefit narrowly. Under these facts, construing the benefit narrowly would mean even though the non-breach made a bad bargain |
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A builder has breached a K w/ the owner of a home for remodeling. The K price is $10K, the builder has expended $8K, the cost of completion is $5K, and the loss of rent from delay is $500. Who gets what?
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The unjust benefit to the owner is $5,5000, and the builder recovers $4,500.
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If someone is injured and receives free medical services, can they still sue for the reasonable value of services rendered?
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Collateral source rule would prohibit intro of the evidence so would be able to recover
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If a P is injured from D but before trial dies from something unrelated, what happens?
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Survivorship claim
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P has a contract with D to buy a house for $100K. FMV of house at the time of breach was $115K. P had a side contract with another buyer to resell the house for $120K. How much in damages does P get?
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a. General damages: $15K (FMV at time of breach – K price)
b. Special/consequential damages: $5K (difference in resale K price and FMV at time of breach – i.e., lost profits) i. Must be foreseeable, certain, and unavoidable. ii. They were foreseeable and unavoidable because P already had another K to resell the house at a higher price. c. Expectation damages: Seller is only damaged if the market is going down – if market is going up, then he can turn around and sell the property for even more money. |
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J agreed to pay B $1 million to construct a new Bananas restaurant in the shape of a banana, but he built in the shape of a hot dog instead. Joe estimates it will cost him $250K to rebuild the store to look like a banana. Can Joe sue B for restitution?
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No, because B has no unjust benefit to disgorge.
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T leased L's building to manufacture its specialty toys. T discovered a shrink wrapping machine n the factory. The machine saved T $20/day. L discovered T was using it and demanded $100/month. T refused. What legal theory can T recover under? What is the most appropriate measure of damages?
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Quasi-K
Cost savings for use of machine |
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Public Agency sues Computer Co for failure to deliver 100 computer screens which it says it purchased for $100/each. Agency still wants the screens and seeks their immediate delivery. At trial, there is no evidence proven of a written K or any testimony about an offer and acceptance. The two parties who negotiated the alleged K for each side no longer work for the organization and cannot be located. Evidence is presented that Public Agency wrote a check to computer Co. for $20K and that Computer Co deposited that check in its bank account. Upon what basis would Public Agency be entitled to relief?
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Implied in fact K
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W and H are newlyweds. H's parents own a farm worth $20K. H and W use $30K of their savings to secure a $140K mortgage of the house. H helps build it, services worth $22K. Ten years later, W and H divorce, splitting everything equally. Mortgage is paid off and house and land are valued at $220K. If W sues H's parents under a theory for constructive trust, what amount will court award?
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$100K (220K/2-20K land was worth)
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P suffered from an infection from contact lenses. P missed 2 mo of work. There is a possiblity of future vision problems, but so far P has not shown any signs of future vision problems. Can P recover for damages for future medical expenses?
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NO. Not certain.
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L is up against S in another personal injury case. Given S's general reputation for dishonesty, L is concerned that S will refuse to play by the rules and asks for a general order against S to produce all relevant documents in the case. Is such an order valid?
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NO, because there is no threat of imminent harm.
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V suffered a severe head injury during a bar fight w/ D. Victor never regained consciousness after suffering the head injury. He spent several weeks in a coma, and ultimately died as a result of the head injury. In an action by V's Representative against D, which for the following most accurately describes the Estate's recovery?
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V's estate will be entitled to recover damages for the medical expenses V incurred before death. (not for past P&S because he was comatose)
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Political group is planning a protest next week against Coffee Incorp at its national headquarters. The police would like to avoid any harm to people and property from the protest, and thus seek a temporary injunction o prohibit the protest. The police file a complaint and motion for temporary relief, and deliver a copy of the papers on the protest leader. The court doncuts an ex parte hearing. Will the temporary injunction be granted?
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No, because there is no legal harmed threatened. There is no showing protesters have violated or are likely to violate the law.
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Paula sued President Clinton for sexual harassment. During depo President lied. Upon P's motion for contempt, judge award P $90's in attorney's fees in bringing the contempt motion and the costs of the depo in which Clinton lied. Is this civil or criminal?
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Civil. Although it is an award for past conduct, the amount is not arbitrary but rather the precise amount in order to COMPENSATE the P.
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