Quiz for Remedies

Based on value of benefit to D. Can’t get both restitution and compensatory damages – evaluate both and elect.

one of a kind/very rare; personal significance to buyer; circumstances (uniqueness tested at time of litigation, not time of K)

Value of benefit unjustly retained by D when K is void or unenforceable, or P chooses not to sue in K. P may recover > contract amount

If property goes up in value (or is unique), use constructive trust. If decreases in value, use equitable lien.

I put five bucks down. Inadequate legal remedy (replevin - sheriff, redelivery bond; ejectment - sheriff, $ - speculative, insolvent, irreparable - unique property, multiplicity of actions); property right (CL land, ML personal); feasible (enforcement prob. only on mandatory injunctions); balancing of hardships (benefit to P v. hardship to D. - must be gross disparity, no balancing if willful D, if balance give P $ in lieu of injunction, consider public hardship); defenses (unclean hands - P's bad acts related to lawsuit; Laches - clock starts when P learns, unreasonable & prejudicial delay cuts off relief, consider giving P $; impossibility; free speech - deny injunction in defamation, false light, private fact)

Seller can't deliver agreed-upon consideration, e.g., quantity of land: if P is seller, can enforce (get SP) only if minor defect; B can get SP unless defect is extraordinarily large; abatement - court WILL LOWER purchase price because of defect).

Negative (refrain from doing something) or mandatory order. Punishment is contempt (civil - money, imprisonment but D holds keys; criminal - money, imprisonment for set time, constitutional protections apply.)

VERY GOOD DOG: K is valid, but written form is wrong. K is rewritten correctly and enforced. Grounds? Misrepresentation, material mistake - mutual; unilateral mistake only if nonmistaken party actually knew of mistake. Defenses? (Unclean hands, non-defenses - P's negligence, SoF, PAR)

K price

NO

tort… punitive damages

secure… perform.

K price – costs saved (promisee’s breach), or cost of completion – payments due (promisor’s breach)

Based on value of benefit to D. Can’t get both restitution and compensatory damages – evaluate both and elect.

Monetary compensatory, nominal, punitive; restitutionary legal (monetary, replevin, ejectment). No contempt for noncompliance

Use if legal restitution inadequate if D can keep property by posting bond, or if sheriff can’t find property.

Specified in K. Actual $ must be difficult to calculate, $ must be reasonable approximation. No penalty. If valid, no compensatory damages (but maybe specific performance); if invalid, use compensatory damages; K can't give choice of liquidated or actual.

Seller can't deliver agreed-upon consideration, e.g., quantity of land: if P is seller, can enforce (get SP) only if minor defect; B can get SP unless defect is extraordinarily large; abatement - court WILL LOWER purchase price because of defect).

Court-imposed obligation on D to convey specific property which D has title to P. $ if traceable. Often, insolvent D. BFP > P > unsecured creditors.

Valid contract (terms more certain than for money damages); P has performed/excused/ready and able to perform; inadequate legal remedy alternative; mutuality of remedy; feasibility of enforcement (never personal services Ks); defenses

If property goes up in value (or is unique), use constructive trust. If decreases in value, use equitable lien.

one of a kind/very rare; personal significance to buyer; circumstances (uniqueness tested at time of litigation, not time of K)

CL? No. ML? Yes. Restitutionary damages cannot be greater than contract rate and are reduced by any damages suffered by D as result of P's breach

Value of benefit unjustly retained by D when K is void or unenforceable, or P chooses not to sue in K. P may recover > contract amount

Valid contract (terms more certain than for money damages); P has performed/excused/ready and able to perform; inadequate legal remedy alternative; mutuality of remedy; feasibility of enforcement (never personal services Ks); defenses

Punish willful, wanton or malicious conduct; and deter. Single digit multiple of actual/nominal damages to punitive. D’s wealth is a factor. Can be added to compensatory and restitutionary damages

Court-imposed security interest in specific property owned by D. Property subject to immediate sale, $ to P, + deficiency judgment (P becomes unsecured creditor). BFP wins. Often, insolvent D.

Recovery of specific personal property - nearly always coupled with damages. P must have right to possession, must be a wrongful withholding by D. Prelim hearing; P must post bond; D can defeat w/ a redelivery bond. Sheriff ejects

Legal remedies (damages); Restitutionary remedies (legal - restitutionary damages, replevin, ejectment, equitable - constructive trusts, equitable liens); Equitable remedies (specific performance, rescission, reformation). P has duty to reasonably mitigate.

Property interests of buyer and seller switch on execution, so buyer has real property interest (specifically enforceable right to land) and seller has personal property interest (specifically enforceable right to money) - even before closing.

Recovery of specific personal property - nearly always coupled with damages. P must have right to possession, must be a wrongful withholding by D. Prelim hearing; P must post bond; D can defeat w/ a redelivery bond. Sheriff ejects

Seller can't deliver agreed-upon consideration, e.g., quantity of land: if P is seller, can enforce (get SP) only if minor defect; B can get SP unless defect is extraordinarily large; abatement - court WILL LOWER purchase price because of defect).

Irreparable injury + likelihood of success (probability, P must post bond);

facts or law change… must … modified or dissolved

must be to protect legitimate interest and reasonable in duration and geography

Recovery of specific personal property, if it is unique or D is insolvent.

denied - not feasible for judge to determine whether requisite amount of taste, etc. is used.

Legal remedies, Restitutionary remedies (legal/equitable), Equitable remedies

the money from the sale of the land - the buyer owns the land.

Irreparable injury + likelihood of success (probability, P must post bond);