Understanding Remedies
CHAPTER 1: UNDERSTANDING REMEDIES
Basic Remedial Goals
To restore Plaintiff to the whole; to original position she was in before the wrong occurred.
Types of Remedies
Legal versus Equitable Remedies
Legal: usually substitutionary. Judgement order stating P is entitled to something, such as damages. If D doesn to provide something, there is no contempt proceeding. Instead, a sheriff will attempt to satisfy the judgment by seizing assets. A jury trial is typically available
Equitable: Often specific, court orders D to do or not do something, if D doesn’t comply, he is held in contempt of court. Normally no jury trial.
Specific versus Substitutional Remedies
Specific: returns the thing taken or order performance that was due
Substitutional: substitutes money for the specific relief
Damages
Recovery of monetary compensation for loss caused by the legal wrongdoing of another.
May be compensatory or punitive, general or specific, economic or non-economic.
Injunctions
In personam order, usually issued by a trial court, that directs a D to act (or refrain from acting) in a specific way. Enforceable by contempt. Must be obeyed until stayed, dissolved, or reserved (even if erroneously issued).
Restitution
Declaratory Relief
Informs parties what their rights are, but orders no relief
Punitive Damages
Nominal Damages
Presumed Damages
Rights and Remedies
Relationship between Rights and Remedies
Common Law Remedies
Statutory Remedies
Express Remedies
Implied Remedies
Public Policy
Reserved
CHAPTER 2: GENERAL PRINCIPLES CONCERNING COMPENSATORY DAMAGES
The Purpose of Compensatory Damages
D ordered to pay money to P. Based on harm/injury to P. Puts P in the position he would have been in had the injury not occurred.
4 requirements: (1) Actual causation {but for test}, (2) foreseeability {proximate causation at the time of the tortuous