Class notes
Outline for Remedies course
- Course
- Remedies
- Institution
- University Of Idaho
Outline for Remedies course for law school
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Remedies1)Generally.
a)There are four major types or classifications of remedies. Multiple substantive claims may rise from
a single core of facts and each claim may give rise to several choices of remedy.
1-Coercive Remedies. A)Are available from a court sitting in equity. The court decides if the plaintiff is entitled to “extraordinary relief”, a court order ordering the defendant to do or refrain from doing something.
B)Example-
i-Injunction ii-Specific Performance
C)Subject to equitable defenses.
i-Laches
ii-Unclean hands
iii-Estoppel iv-Unconscionability
2-Damages
A)Purpose. To compensate plaintiffs for losses sustained in violation of their rights.
B)Measurement of damages follows establishment of substantive claim and entitlement to a particular type of damages.
C)C/L places limitations on damages
i-Cannot be too remote, speculative or uncertain
ii-Not all damages are compensable
iii-Further limitations by collateral source rule.
iv-And, avoidable consequences rule.
D)Substantive law also places restrictions on certain types of losses
i-Mental distress in the absence of physical damages
ii-Purely economic loss
iii-Liquidated damages specified by contract are not always available.
E)Punitive damages (exemplary damages)
i-Rather then compensating, punitive damages aim to punish and deter in cases involving egregious conduct.
3-Restitution
A)Goal
i-To restore property to its rightful owner by returning the plaintiff to a position held before a wrong or,
ii-To disgorge from a defendant any unjust enrichment occasioned by wrong
to the plaintiff.
iii-This may or may not involve money, but if it does, the goal is not compensation.
B)Examples.
i-Constructive trust
ii-Equitable lien
iii-Rescission
iv-Quasi-K.
C)Two types of restitution
i-Substantive Restitution. ii-Remedial restitution
4-Declaratory Remedies.
A)Purpose. To obtain a declaration of rights or legal relations b/w the parties.
5-Misc. Remedies.
1 A)Nominal damages.
i-Also serve to establish legal relationships.
ii-Awarded where the plaintiff establishes a substantive claim but no compensable damages.
b)Sources of remedial rights. 1-Source of the remedial right may be
A)Statute
B)Federal and state constitutions
C)Common law.
2-Significance of source.
A)Plaintiff must establish that a particular remedy is permissible.
B)The source may place some limitation upon the remedy.
c)Remedies defined by Statute
1-If statute defines both right and remedy. Remedy is likely to be exclusive.
A)Exception.
i-If the court is convinced that the legislative purpose of the statute cannot be served w/in the parameters of the exclusive remedy, it may permit additional remedies.
2-Legislation may limit or prohibit a remedy available at common law but courts will be very concerned w/ equal protection rights and state constitutional issues.
A)Generally, where legislation eliminates a remedy available at common law courts are antagonistic unless an adequate/ reasonable substitute is also provided. B)Legislation should not merely act to deprive people of a cause of action.
i-Worker’s compensation.
3-Unless the statute provides liberal construction, the common law standard of strict construction applies. Consequences of Remedy characterizations
1)3 areas where the characterization of the cause of action, as legal or equitable, is very important.
a)Right to a jury trial. 3 points where whether the action is at law or in equity is significant.
1-Whether or not the action is available for jury trial is by analogy to 1790, if the action existed at law at that time or may be analogized to one that did, JURY! If not, equity!
2-Where a court faces a mixed issue of law and equity, A)State law will determine if a jury trial is available. i-In many states, jury availability will hinge on judge’s determination of whether the claim is predominantly equitable or legal. If it is predominantly equitable, no jury will be available.
B)In federal system, legal issue will be addressed by jury unless the parties waive this right, then equitable issues will be decided in a manner consistent w/ the findings of fact for the legal claim.
b)Insurance coverage. Restitutionary action for money.
1-How to tell the difference b/w legal and equitable actions? Remedy defines action. Compensation for past harm is a “damages” remedy, protecting against further damages is equitable.
2-Reinstatement and back pay are both equitable remedies. c)Method of judicial enforcement of remedy.
Preventive Injunctions
1)Definition. A court order designed to avoid future harm to a plaintiff by controlling a defendant’s behavior. May be a)Prohibitory
b)Mandatory
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