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25 Cards in this Set
- Front
- Back
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How do you know it's a remedies question?
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Look for "remedies" in the call of the question.
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remedies: big picture questions
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- CAUSE OF ACTION
- damages - restitution - injunction |
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damages: types
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+ compensatory
- general - special - nominal - punitive |
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compensatory damages: definition
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award of money to compensate P for injury
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general damages: definition
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foreseeable losses
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special damages: definition
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losses not necessarily foreseeable; must be specially pled
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limitations on damages
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- foreseeable
- unavoidable - causal - certain |
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restitution: types
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- replevin
- ejectment - quasi-contract - constructive trust - equitable lien |
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replevin
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recover possession of specific personal property wrongfully taken
Measure: value + damages for loss of use |
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ejectment
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like replevin but for land. Eject defendant from wrongfully gotten real property.
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quasi-contract
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prevent unjust enrichment
Measure: REASONABLE value of unjust enrichment |
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constructive trust
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trust that compels D to reconvey title.
PURPOSE: prevents unjust enrichment REQUIREMENTS: - D holds title - legal remedy inadequate - tracing PROBLEMS: - watch for BFP - defenses |
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equitable lien
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Lien on D's property to secure payment of debt.
- P's property traced to D's property - D's retention results in unjust enrichment - no adequate remedy of law - no equitable defenses |
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injunction: issues
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REQUIREMENTS:
- inadequate remedy at law - property right PROBLEMS: - feasibility problems - balancing hardships - defenses |
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defenses
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- unclean hands
- laches - impossibility - balancing the hardships - freedom of speech Not every defense is always valid! |
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laches
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"equity aids the vigilant"
- unreasonable DELAY by P - results in PREJUDICE to D - P KNOWINGLY sits on rights - D DETRIMENTAL RELIANCE |
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unclean hands
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"he who seeks equity must do equity"
- P's unclean hands RELATED to subject matter of suit - D INJURED by P's unclean hands |
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freedom of speech
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"equity will not enjoin speech"
Exceptions: - national security - trade libel (precluded by commercial speech doctrine?) |
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injunction against criminal act
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"equity will not enjoin crime"
Exception: crime also public nuisance & criminal prosecution inadequate remedy |
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injunction against prosecution
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"equity will not enjoin prosecution of a crime"
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parties bound by injunction
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- parties to the action
- privies - those acting in concert with notice - non-parties free to ignore - in-rem injury runs with the land |
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purpose of an injunction
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civil: coerce, not penalize
criminal: PUNISH (hell yeah) |
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constructive trust: tracing - what if it generates income while in tortfeaser's possession?
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You also get the income from the property that was wrongfully held by D.
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constructive trust: effect of BFP
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Equitable rights are cut off by transfer of legal title to a BFP!
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constructive trust: defenses
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- unclean hands
- laches |
