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Remedies - Class 1

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by

Suzanne Ehrenberg

on 15 March 2013

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Transcript of Remedies - Class 1

REMEDIES - what's it all about? A. damages -
substitutionary relief B. injunctions -
specific relief C. restitution preventive injunction

reparative injunction 1. What do you get? II. When do you get it? III. How do you enforce it? compensatory damages

1. physical injury
2. wrongful death
3. property damage

punitive damages for gross negligence or willful conduct focus on unjust enrichment / D's rightful position monetary restitution (e.g quantum meruit)
constructive trust
equitable lien D. declaratory judgments Rightful Position! What position would the plaintiff be in if the defendant had not caused harm, or threatened to cause harm? What remedy or combination of remedies is
is necessary to put the plaintiff and the defendant in their rightful positions? neither specific nor substitutionary requires no action or payment by D may be specific or substitutionary A. provisional remedies B. final remedies preliminary injunction
receivership
attachment
replevin damages
permanent injunction
restitution A. Money Judgment execution
garnishment B. Equitable Remedies contempt proceeding before judgment on the merits after judgment on the merits NOTE:
final remedies aren't
always permanent Note:
If P is judgment-proof, money judgment cannot be enforced. Can the plaintiff wait until after a judgment on the merits
to receive a remedy, or will there be irreparable injury if a
remedy is not granted immediately? What do you do if the defendant doesn't cooperate? Some Hot Topics: Are tort damages out of control? Should we place a cap on damages for pain & suffering, damages in medical malpractice cases, or punitive damages? New Causes of Action - Should we allow recovery of damages for the fear of developing a disease or for loss of the ability to enjoy life? Contempt - How long is it reasonable to keep a person in prison for contempt of an injunctive order when she shows no intent to ever comply with the injunction? what do you think? What position would the defendant be in?
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