Remedies

Front 1

R1. What is the liability limits for government defendants for any claim of property under tort?

Back 1

25K

Front 2

R2. What is the liability limits for government defendants for other loss non-property?

Back 2

125K, with 175K for claims against the state or subdivisions having population exceeding 300,000 people and 300K for medical negligence claims asserted against designated state medical facilities

Front 3

R3. What are all claims arising from a single occurrence or accident?

Back 3

1mil.

Front 4

R4. When are punitive damages allowed?

Back 4

the purpose of punitive damages is to punish defendant’s wrongful conduct and deter such conduct in the future. The focus is thus on the defendant’s conduct rather than the plaintiff’s loss. Punitive damages are regulated by statute.

Front 5

R5. What are the elements needed or the requisite conduct needed for punitive damages?

Back 5

Reckless disregard for the rights of others or intentionally with malice toward others.

Front 6

R6. What are the procedural requirements?

Back 6

Standard of proof is clear and convincing evidence that the defendant engaged in the requisite conduct and a bifurcated trial.

Front 7

R7. What is the limit if defendant acted with reckless disregard for the rights of others?

Back 7

100k and the amount of actual damages awarded

Front 8

R8. What is the limit if defendant acted intentionally and with malice towards others?

Back 8

500k and twice the amount of actual damages awarded.

Front 9

R9. What is the limit if defendant acted intentionally and with malice toward others?

Back 9

It may be beyond the limits if jury finds intent and malice by clear and convincing evidence and the court finds beyond a reasonable doubt that the defendant acted intentionally with malice and endangered human life.

Front 10

R10. What is an injunction?

Back 10

A court order requiring a party to do something or to refrain from doing something.

Front 11

R11. What is the enforcement of an injunction?

Back 11

Contempt

Front 12

R12. What are the types of injunctions?

Back 12

permanent, temporary injunctions, temporary restraining orders

Front 13

R13. What are the elements of a tortious injunction?

Back 13

(1) a tort has been committed or is threatened (2) the legal remedy is inadequate (3) a property right exists (4) enforcement of the injunction is feasible (5) the hardships are balanced (6) no equitable defenses apply.

Front 14

R14. How do you determine feasibility of enforcement?

Back 14

(1) power to enforce jurisdiction and presence and practical ability to determine and supervise compliance

Front 15

R15. Why might equity decline injunctive relief?

Back 15

(1) required act is complex, (2) required act requires great skill (3) relief requires extensive supervision

Front 16

R16. What are the equitable defenses?

Back 16

unclean hands, laches, relation to statutes of limitation, equitable estoppel

Front 17

R17. What is unclean hands?

Back 17

the defense of unclean hands is available if the plaintiff is guilty of improper conduct proximately related to the same transaction\occurrence for which plaintiff seeks relief.

Front 18

R18. What is laches?

Back 18

Laches is a flexible time bar which may bar plaintiff from obtaining equitable relief based on the plaintiff delay in bringing suit

Front 19

R19. What are the requirements of laches?

Back 19

(1) delay is unreasonable and (2) the delay was prejudicial to defendant

Front 20

R20. What is equitable estoppel?

Back 20

Prohibits a person from asserting a right when that person’s own conduct renders the assertion of the right unfair.

Front 21

R21. What are the requirements of equitable estoppel?

Back 21

(1) person asserting the right had knowledge of the facts, (2) person made a misleading communication (3) defendant relied on the communication (4) defendant will be harmed if person is now permitted to assert the claimed right.

Front 22

R22. What is a temporary injunction?

Back 22

Prevent harm pending judgment in order to preserve status quo.

Front 23

R23. What must a party seeking a temporary injunction show?

Back 23

(1) substantial likelihood of prevailing on the merits (2) threat of immediate injury (3) Irreparable injury (4) balance of hardships (5) public policy

Front 24

R24. What are the procedures requirements for a temporary injunction?

Back 24

Complaint and motion, notice and hearing, bond, duration only until judgment

Front 25

R25. What is a temporary restraining order?

Back 25

A TRO is a temporary injunction without notice.

Front 26

R26. What are the requirements of a TRO?

Back 26

same as a temporary injunction

Front 27

R27. What are the procedural requirements?

Back 27

Show why notice is not possible, bond, and duration only effective until the court holds a hearing on the plaintiff’s motion for a temporary injunction

Front 28

R28. How are actual damages typical measured in a breach of contract?

Back 28

Loss of bargain

Front 29

R29. What are consequential damages?

Back 29

They include all other losses caused by the defendant’s breach. They are recoverable only if they were foreseeable at the time of the breach.

Front 30

R30. When is liquidated damages enforceable?

Back 30

If it appeared at the time the contract was entered that (1) damages would be difficult to calculate and (2) the stipulated amount is a reasonable forecast of actual damages (3) cannot be a penalty.

Front 31

R31. When are punitive damages statutorily allowed for breach of contracts?

Back 31

Never except in cases of insurance company’s breach of its duty to deal fairly and act in good faith.

Front 32

R32. What are the elements of a contract injunction?

Back 32

(1) a valid contract exists (2) all contractual conditions have been fulfilled (3) the legal remedy is inadequate (4) enforcement is feasible (5) mutuality of remedies exists (6) no defense apply

Front 33

R33. What are the exceptions to the contractual conditions being fulfilled?

Back 33

(1) the failure to satisfy conditions is immaterial (2) the failure to satisfy conditions is capable of being fully compensated by an award of money (3) forfeiture would result in undue hardship

Front 34

R34. What is meant by mutuality of remedies?

Back 34

(1) both parties must be capable of performing and (2) the court can assure counter performance of the plaintiff

Front 35

R35. What is rescission?

Back 35

rescission is a remedy by which a voidable contract is put to an end and the parties are treated as though it never had been made

Front 36

R36. What are the grounds for rescission?

Back 36

Mutual mistake about a material fact, unilateral mistake about a material fact, misrepresentation of a material fact

Front 37

R37. What is reformation?

Back 37

reformation is a remedy whereby a writing setting forth an agreement is changed so that it conforms to the actual agreement of the parties

Front 38

R38. What are the requirements for reformation?

Back 38

(1) a valid contract existed (2) the writing does not reflect the parties’ actual agreement: (a) mutual mistake in reducing the agreement to writing, (b) unilateral mistake and the other party is aware of mistake (c) misrepresentation about the contents of the writing.

Front 39

R39. What is replevin?

Back 39

Plaintiff may bring a replevin action to recover the property subject to due process hearing.

Front 40

R40. What is ejectment?

Back 40

Plaintiff may bring an ejectment action to have possession restored to plaintiff

Front 41

R41. What is a Quasi-contract?

Back 41

If defendant has been unjustly enriched, plaintiff may bring an action in quasi-contract to recover a sum of money measured by the reasonable value of defendant’s gain.

Front 42

R42. What are the common grounds for quasi-contract?

Back 42

(1) mistake, (2) part performance of a contract prior to material breach of contract (3) unenforceable contract

Front 43

R43. What is a constructive trust?

Back 43

if a defendant acquires property through fraud or other culpable conduct, equity will treat defendant as a trustee who holds the property for the benefit of the victim and will order the property returned to its rightful owner.

Front 44

R44. What is an equitable lien?

Back 44

Arise under the same conditions as constructive trusts but give a security interest in the property to assure plaintiff’s recovery and may foreclose the lien.

Front 45

R45. What is a declaratory judgment action?

Back 45

Statutory remedy that provides simply a judicial declaration of the parties’ rights, status, or other legal relations.

Front 46

R46. What is the traditional action of a quiet title?

Back 46

a person in possession of real property may assert against any person who claims an adverse interest in the property an action to determine the validity of the adverse interest.

Front 47

R47. What damages are available for trespass effecting ouster?

Back 47

Mesne damages which is fair rental value, willful holding over which is double actual detriment, and willful exclusion from real property is triple actual detriment.

Front 48

R48. What is the damage reward for total destruction of property?

Back 48

Value at time of destruction, less salvage value

Front 49

R49. What is the damage reward for permanent injury?

Back 49

Diminution in value

Front 50

R50. What is the damages recoverable for a temporary injury to property?

Back 50

reasonable cost of repair provided recovery does not exceed the value of the land.

Front 51

R51. What is a nuisance?

Back 51

An unreasonable use of one’s property that interferes with another’s use and enjoyment of his property.

Front 52

R52. How does Oklahoma handle covenants not to compete?

Back 52

Oklahoma has a prohibition on covenants not to compete exception for certain exceptions

Front 53

R53. What are the exceptions to Oklahoma’s prohibition?

Back 53

(1) sale of goodwill (2) business partners (3) non-solicitation agreement