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Remedies - Coggle Diagram

- - - - compensatory damages / Rightful position principle (Harris v. Peters)
        
        Tort
        
        lost use
        
        National Hispanic Circus v. Rex (lost bleachers)
        
        duty to get one's business going again, recovery of profits only if there were no substitutes to buy / lease (Roberts v. Pilot Freight)
        
        lost value
        
        general rule, when property is damaged, the lesser of two (Averett v. Shircliff)
        
        exceptions for special property (real property: Osborne v. Hurst, personal property: Burgess v. Shampooch)
        
        Lost chance (Delaney v. Cade, Potter v. Firestone)
        
        Pain and Suffering
        
        Remittitur
        
        Deviation materially from reasonable compensation (consorti v. Armstrong World Industries)
        
        manifest denial of justice (fertile v. St. Michael)
        
        Passion or prejudice of the jury (Epping v. Commonwealth Edison)
        
        Additur
        
        if there is recovery for medical bills but no pain and suffering, a new trial should usually be granted
        
        Contract
        
        Expectancy Damages
        
        Measure: what the plaintiff would have gained from defendant's performance (Nocenti hypo, Wilson v. Hays, Sullivan v. O'Connor, Patton v. Mid Continent)
        
        Restitution Damages
        
        Measure: what the defendant gained from performance and/or breach
        
        special case: disgorgement (Earthinfo v. Hydrosphere, Laurin v. DeCarolis Construction, Ocor v. Disney)
        
        must account for defendants efforts
        
        appropriate when use of something specific that the plaintiff was entitled to, such as selling gravel from plaintiff's land, as in DeCarolis
        
        Reliance damages
        
        Measure: what the plaintiff lost from breach (Sullivan v. O'Connor, Glendale v. U.S.)
        
        Remedial Clause
        
        only enforced if not a penalty (see Space Master v. City of Worcester)
      - Direct damages v. consequential damages (ADP v. Burroughs)
        General v. Special Damages (Cohn v. J.C. Penney)
        
        contract rule for consequential damages: (Hadley v. Baxendale, ADP v. Burroughs)
        
        Tort rule for consequential damages (Hampton v. Fedex)
      - Punitive Damages
        
        Tort
        
        standard for excessiveness = reprehensibility, ratio, comparable sanctions (BMW v. Gore, Campbell v. State Farm)
        
        standard for recoverability = intentional wrongdoing or intentional disregard of plaintiff's rights (Taylor v. Superior Court & Smith v. Wade)
        
        statutory limitations
        
        Contract
        
        not unless there is an independent tort (miller v. best beers, Patton v. Mid Continent)
      - nominal damages
        
        marks a wrong and enables punitive damages (Jacques v . Steenberg Homes)
  - - - exception: no reasonable certainty for consq. damages of a sum certain (Meinrath)
      - exception: Bigelow Principle (Raishevich v. Foster)
    - - tort (Roberts v. Pilot Freight, Hartke v. Mckelway, Indiana Symphony v. Ziedonis)
      - Contract (Clark v. Marsiglia)
      - Exception: when duty to mitigate would be too burdensome (In Re. North Carolina Air Disaster)
    - - subrule: only contract consequential damages for violation of warranty (East River Steamship)
- - - - It corrects the law's blindspots. It does not supplant it.
  - - - What must the injunction say?
        
        specificity
        
        follow the law is void
        
        vague words are void
        
        reasonableness is usually void
        
        Scope
        
        injunction cannot extend past the illegal conduct at issue
      - when granted?
        
        when damages are inadequate or hard to ascertain
        
        Chesterton v. Chesterton
        
        equities weighted. relative hardship
        
        prevent multiplicity of suits
        
        Wheelock v. Noonan
        
        burdensome on the court?
        
        1. irreparable injury / no adequate remedy at law 2. balance of hardships 3. public interest / supervision burdens
      - Preliminary injunctions
        
        Likelihood of success 2. irreparable harm __3. balance of (irreparable) burdens 4. public interest
        
        First two elements must be met
        
        "sliding scale"
        
        special rules
        
        mandatory injunctions disfavored
        
        altering the status quo is disfavored
    - - When ordered?
        
        elements
        
        public interest and administration (can go for or against), Laclede
        
        Damages inadequate
        
        bc its too hard to get a substitute with the damages
        
        bc its too hard to collect the damages
        
        bc damages are hard to prove
        
        balance of hardships (Van Wanger, Link v. State)
        
        Contract is specific enough for the court to know what to order (Jones v. Parker)
        
        Special scenarios
        
        often ordered for unique goods (Kitchen v. Herring --real estate)
        
        often not ordered for fungible goods (richman grain)
        
        often not ordered for building contracts (Ammerman)
        
        often not ordered for personal service contracts
      - liquidated damage clauses do not preclude specific performance, unless specifically stated
    - - notice
        
        come from a trustworthy source
        
        particular enough to inform the defendant of her duty
      - defenses to contempt (what can you say at the contempt hearing)
        
        impossibility
        
        not particular or specific enough
        
        fully complied
        
        court had no jurisdiction
        
        COLLATERAL BAR RULE unconstitutionality is not a defense, and neither is statutory invalidity, for CRIMINAL contempt
        
        exceptions
        
        obviously invalid orders may not be subject to the rule
        
        If an order is invalidated on appeal then civil contempt for violating the order can be overturned, just not criminal contempt
      - types of contempt
        
        direct criminal contempt
        
        in court contempt, challenging the court's authority. No procedures. 6 months imprisonment and not too heavy of a fine (martina, supreme court case about really angry guy)
        
        indirect criminal contempt
        
        full criminal procedures. out of court.
        
        civil remedial contempt
        
        Paid to other litigant. Ex. don't cut down the tree that hangs over your property.
        
        civil coercive contempt
        
        No special procedures. Imprisoned until you do something. "holding they keys to your confinement in your own pocket" (janecka)
    - - When issued
        
        1.There is fraud or mistake that results in X having the property when they should not. 2. The property or money is specifically identifiable or can be identified as having been transformed into something else (tracing within persons) 3. Is either in the hands of the party who initially acquired it by fraud or mistake (i.e. X) OR 4. Is in the hands of someone else who was not an innocent purchaser for value, i.e. they are not a pure done and not a sham purchaser.
      - tracing
        
        Can't trace to a lottery ticket winning bought with child support money
        
        Can trace property through an exchange to donees (note to Costell) or fellow schemer (Costell)
        
        Tracing can be arguably relaxed to do justice (Simonds v. Simonds)
      - Effect
        
        creates priority in bankrtupcy
        
        fictional trust created requiring return of property
- - - - common counts / quasi-contract
        
        quantum valebat
        
        money had and received
        
        money paid
        
        quantum meruit
  - - - payment to defendant vs. third party
      - Defense: change of position (Woolsey)
        
        no notice of mistake of payor 2. spent money on non-asset that would not otherwise be purchased
      - special case: money owed but mistakenly paid -- discharge for value rule applies (banque worms v. Bankamerica)
    - - Remedy?
        
        Value of the benefit, which is the reasonable rate of the benefitor (i.e., a doctor's fee)
      - Case Variants
        
        fulfilling the duty of another
        
        Beneficiary cannot contract because of incapacity
        
        greenspan, cotnam v. wisdom
        
        Beneficiary cannot contract because of need for quick action
        
        subjective fear is not enough reason not to communicate
    - - Can only recover the money value of what was lost, but the money value can be inflated through subsequent investment
      - Tracing is allowed
      - very similar to constructive trust, but jury is needed and does not defeat bankruptcy