Remedies outline tort remedies
APPLICATION OF REMEDIES TO PARTICULAR CAUSES OF ACTION
Download 92.5 Kb.
|
- Navigate this page:
- Real Property Torts
- Personal Injury Torts
- Personal Property Sales Contracts
- Land Sale Contracts
- Construction Contracts
- Personal Services Contracts
| APPLICATION OF REMEDIES TO PARTICULAR CAUSES OF ACTION
Personal Property Torts Destroyed Property Compensatory Damages Damaged Property Compensatory Damages Dispossession Compensatory Damages Restitutionary Damages – (If D benefits) Replevin Mandatory Injunction – (If chattel is unique and damages and replevin won’t work) Constructive Trust / Equitable Lien – (If D is insolvent or if tracing facts are involved) Self Help – Reasonable force to recapture chattel Real Property Torts Simple Trespass Nominal Damages Restitutionary Damages Injunction – (Avoiding multiplicity of actions) Destruction / Damage of Real Property Compensatory Damages Injunction Dispossession Compensatory Damages Restitutionary Damages Ejectment – (Since it is available, NO injunction) Constructive Trust / Equitable Lien Encroachment Compensatory Damages Injunction – (Emphasize balancing the hardships) *NO Restitution Nuisance Compensatory Damages Injunction – (Emphasize balancing the hardships) *NO Restitution Personal Injury Torts Compensatory Damages Economic Loss / Special Damages – Certainty rules apply i.e. lost wages Non-Economic Loss / General Damages – Certainty rules do NOT apply i.e. pain and suffering Injunction – (Only against prospective, intentional, tortious conduct) Fraud Damages Constructive Trust / Equitable Lien Punitive Damages (*May also be analyzed as a contracts case) Personal Property Sales Contracts Compensatory Damages Sellers Breach – (Does not convey, or delivers damaged goods) Buyers Breach – (Does not Pay) Restitution – (Unenforceable breached contracts) Specific Performance – Personal property must be unique Rescission Reformation Land Sale Contracts Compensatory Damages Sellers Breach – (Does not convey) Buyers Breach – (Does not Pay) Restitution – (Unenforceable breached contracts) Specific Performance – Land is unique Both buyer and seller can get specific performance Bar Favorites – Deficiencies / Time is of the essence clause / Equitable Conversion Rescission Reformation Construction Contracts Compensatory Damages Owners Breach – (Does not Pay) Builders Breach – (Does not complete, or defective completion) Restitution – (Only builder for work done unless owner pre-paid) Specific Performance – Only owner but very difficult because of enforcement problems Personal Services Contracts Compensatory Damages Employers Breach – (Wrongful Termination) Employees Breach – (Wrongfully Quits) Restitution – (Only employee for work done unless employer pre-paid) Specific Performance NO – employment contracts YES – Valid covenant not to compete Download 92.5 Kb. Share with your friends:
|