How to Ace FYLSE/Remedies Outline

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Question Type[edit]

  • What are (H's rights and) remedies, if any?
  • Is H entitled to an injunction?
  • (What are A's rights and) to what relief, if any, is she entitled?

Damages[edit]

Causation, Foreseeability, Certain/ascertainable, mitigation

Expectation (Compensatory) Damages[edit]

Consequential Damages[edit]

Restitutionary Damages[edit]

unjust enrichment

Punitive Damages[edit]

Only available under tort and not under contract

Equitable Remedy[edit]

Inadequate Legal Remedy[edit]

In order to obtain an equitable remedy like Specific Performance or injunctive relief, P must show that legal (money) damages are inadequate. Ordinarily money damages are sufficient to compensate a party for a breach of contract involving a chattel.

Property Right[edit]

Feasibility of Enforcing Decree[edit]

Balancing Hardship[edit]

Injunctive Relief is denied where it would operate inequitably, and courts will balance the hardships of granting or denying injunctive relief to both parties.

Constructive Trust[edit]

A constructive trust, an equitable remedy, is a court-ordered obligation for one party who has been unjustly enriched at the expense of another.

Resulting Trust[edit]

purchase money resulting trust:

A resulting trust arises when one person takes title in his or her name for the benefit of the person who paid for the property. The presumption is that the one who paid for the property could not have meant to make a gift of the property to the one who takes title. The presumption does not apply when the parties are closely related.

Injunctive Relief[edit]

Temporary Restraining Order[edit]

Preliminary Injunction[edit]

Specific Performance[edit]

Specific Performance is a mandatory injunction that orders a contract party to perform.

Satisfaction of Condition[edit]

Inadequate legal remedy[edit]

Mutuality of performance[edit]

Feasibility=[edit]

Replevin[edit]

Replevin is a legal restitutionary remedy that allows the recovery of specific chattels, permits the plaintiff to recover possession of the chattel at the commencement of the action.

Equitable Defenses[edit]

Laches[edit]

One can defend on the theory of laches regardless of the statute of limitations because they are complete different theories. Laches operates when a party has 1) unreasonably delayed assertion of their rights so that 2) there is prejudice to the other party.

Unclean Hands[edit]

Equity does not help those who do not come to the court with clean hands.