1. Determine substantive area of law (K/Torts/both) 2. Determine specific type of problem at issue 3. Make sure that P has a case 4. Determine legal, restitutionary (legal then equitable), and equitable remedies. 5. If both legal and restitutionary damages are available, award P the largest of two (but not both)

Remedies Essay Flashcards by Gayani Weerasinghe

Essay Approach

Determine substantive area of law (K/Torts/both)
Determine specific type of problem at issue
Make sure that P has a case
Determine legal, restitutionary (legal then equitable), and equitable remedies.
If both legal and restitutionary damages are available, award P the largest of two (but not both)

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Legal Remedies

Based on injury to P:

a) Compensatory
b) Nominal
c) Punitive
d) Incidental/Consequential

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Restitutionary Remedies

Based on theory that D should not be unjustly enriched:

a) Legal
1) Restitutionary Damages
2) Replevin
3) Ejectment
b) Equitable
1) Constructive Trust
2) Equitable Lien

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Equitable Remedies

a) TRO
b) Injunction
c) Specific Performance
d) Rescission
e) Reformation

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Remedies Essay Flashcards

(4 cards)