Remedies-Buzz

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Replevin

Back 1

Replevin is a legal Restututionary remedy that allows the recovery of specific personal property wrongfully taken.

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Quasi-Contract

Back 2

Quasi-Contract is a legal restitutionary remedy that is substitutional in nature.
The Plaintiff is awarded a sum of money measured by the reasonable value of the defendant's ill-gotten gain. This obligation is imposed by law to avoid unjust enrichment.

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Constructive trust

Back 3

Constructive trust is an equitable restitutionary remedy that is implied in law and imposed by equity courts when the retention of property by the defendant-wrongdoer would result in unjust enrichement. The court will treat the property as if it were held by the defendant in trust for the plaintiff.

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Doctrine of tracing

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The plaintiff can follow the property to whatever form it takes, as long as the trust res can be identified.

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Equitable Lien

Back 5

An equitable lien in an equitable charge on property imposed by law to prevent unjust enrichment.

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The elements of equitable lien

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To impose an equitable lien on the defendant's property to secure a debt, it must be shown that
(1) the wrongdoer misappropriated the plaintiff's property under circumstances creating a debt or obligation to pay,
(2)plaintiff's property can be traced to property held by the defendant, and
(3)the retention of property would result in unjust enrichment.

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Bona fide purchaser

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A bona fide purchaser is one who pays value and takes title without notice of the wrongdoing.

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Compensatory damages

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Compensatory damages are an award of money to compansate plaintiff for loss or injury.

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Punitive damages

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Punitive damages may be awarded to punish a defendant for "willful, wanton, or malicious conducts."

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Element of injunction:

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1. Is the legal remedy inadequate?
2. Is a property or protectable personal right involved?
3. Is it feasible to enforce the equitable decree?
4. Do the hardships balance in plaintiff's favor?
5. Are any defenses available?

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Defenses must be overcome for injunction:

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1. Laches
2. unclean hands
3. Freedom of Speech
4. injuction sought against criminal prosecurtion
5. Injunction sought against crimes
6. Injunction to protect political or civil rights

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Laches

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Laches is an unreasonable delay by plaintiff in initiating his equitable claim that results in prejudice to defendant.

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Waste

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Waste refers to injury by one in rightful possession against the interest of one entitled to future possession.

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Nuisance

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Nuisance is the use by defendant of his own property in such way as to cause unreasonable interference with the use and enjoyment of plaintiff's property. It can also result from interference incorpereal rights(e.g., easements)

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Spefific Performance:

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Specific performance is mandatory decree or injunction that orders a contracting party to perform that which he has promised to perform under the contract.

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Requirement of specific performance:

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1. contract must exist
2. all conditions of the contract must be satisfied
3. legal remedy must be inadequate
4. terms must be definite and certain
5. decree must be feasible to enforce
6. mutuality of rremedy not necessary

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Scope of Rescission

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Rescissioncancels the contract where it results from mistake, fraud, or duress, or where the contract is materially breached.

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Rescission function:

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Resecission functions to terminate the contract and restore to plaintiff the consideration given by him to defendant.

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Legal rescission:
Equitable rescission:

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By acgion of the parties or by court decree.