Tort Legal Remedies
Remedy that punishes a D who has engaged in willful, wanton, or malicious conduct
What are punitive damages?
P is given a security interest in D’s property, which can be sold to satisfy P’s claim
What is an equitable lien?
Benefit of the bargain damages (standard measure of damages in most K cases)
What are expectation damages?
Permits a contract to be rewritten to reflect the parties’ true agreement
What is reformation?
Type of injunctive relief that can be obtained ex parte
What is a temporary restraining order?
Remedy measured by the monetary value of the harm & intended to make P whole for injury or loss
What are compensatory damages?
Legal fiction created by a court to compel D to convey title to unjustly retained property to P
What is a constructive trust?
Damages P can seek if expectation damages are too difficult or speculative to calculate (puts P in position had the K never been formed)
What are reliance damages?
Permits a party to invalidate a K and restores parties to their pre-bargain positions
What is rescission?
Injunctive remedies P can seek in a contract action
What are TRO, preliminary injunction, & specific performance?
To regain possession of a specific chattel (personal property)
What is replevin?
Equitable remedy that allows P to obtain a deficiency judgment for any shortfall in recovery
What is an equitable lien?
Special damages specific to P that a reasonable person would have foreseen at the time the K was made as a probable result of a breach
What are consequential damages?
P unreasonably delayed pursuing equitable relief from time P was aware or should have been aware that P's rights were infringed resulting in prejudice to D
What is the equitable defense of laches?
Injunctive remedies that require that P show irreparable harm if the injunction is not issued; likelihood of success on the merits of the underlying claim; and balancing of hardships favor P
What are TRO and preliminary injunction?
Requirements/limitations for compensatory damages
What are Causation, Foreseeability, Certainty, & Unavoidability?
Rule used to trace commingled funds & presumes investor/spender fiction where D invests/spends own $ first
What is the Lowest Intermediate Balance Rule?
Monetary remedy measured by the value of the benefit conferred upon D to prevent unjust enrichment to D
What is legal restitution, restitutionary damages, or money restitution?
P has conducted himself unfairly by engaging in misconduct related to P’s claim
What is the equitable defense of unclean hands?
Requirements to obtain specific performance
What are (1) a valid K with certain and definite terms; (2) assurance of P’s performance; (3) inadequate legal remedy; (4) feasibility of enforcement; and (5) no defenses/unfairness
In order to bring this, P must show she has a right to possession & there's a wrongful withholding by D
What is replevin or ejectment?
Equitable remedy to use when wrongfully acquired proceeds is used to merely improve D’s property
What is equitable lien?
The limitations of causation, foreseeability, certainty, & mitigation/unavoidability apply to these types of contract damages (name the main two)
What are expectation and consequential damages? (incidental damages too, but that will not be tested)
To obtain this, there needs to be a valid K that does not reflect the parties’ agreement due to a mistake or fraud
What is reformation?
Remedies of permanent injunction & specific performance share these requirements that P needs to establish (this excludes "no defenses")
What are inadequate legal remedy and feasibility of enforcement?