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8 Cards in this Set
- Front
- Back
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Legal Damages/Legal Remedies |
Granted by law ct once P can show elements of some cause of action |
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Types of Legal Damages |
(1) Substitutionary Remedies: money substituted for the pain (2) Specific Remedies |
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Types of Substitutionary Remedies |
(1) Compensatory: legal damage that compensate P (a) General: pain&suffering; flow from harm; all Ps have (b) Specific: economic damages, not all Ps have (2) Nominal: Occurs when there is a problem in proving or calculating compensatory damages; substitute for there damages (3) Punitive: focus on how to punish D |
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Types of Specific Remedies |
(1) Statutory in torts: these are specific, no substitutions (a) Replevin: gives P back the personal property of Ps that D possesses (b) Ejectment: gives P real property D won't leave (2) Liquidated damages in K: know exactly what it is bc parties specifically agreed on it |
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Equitable Remedies/Equity |
These are discretionary remedies and not required |
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Types of Equitable Remedies |
(1) Tort: any cause of action that is not a K (a) Injunction: getting D to do/not to do smthg (2) Contract: (a) Specific performance: this is an injunction in a K - making D perform (b) Reformation: changing K thats actually there + reforming it to what K should be (c) Rescission: tossing the K out |
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"Inadequate" |
i.e. legal first - Equity: requires that remedy at law be inadequate, meaning you need to know what your remedy at law is - THIS MEANS you go to law court FIRST; if damages are adequate --> ends there/no need to go to equitable court |
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Enforcement of Orders |
Equity: equity courts enforce there own orders; if court says you cannot do something and you violate that, equity court will enforce judgment Law: if you have judgment from law court, that is it (500 in damages awarded for broken leg); does NOT enforce own orders |
