REMEDIES WEZELMAN SUMMER 2016
FIRST CLASS
Dobbs on Remedies supplement book
Do not need to know case names for exam
How to study
Make outline using table of contents
Use the docket rules, do not use any outside sources
Midterm
15 mc and one short answer.
1 hour, 30 minutes each section
Final exam
40 mc = 40%
Essay = 40%
1.5 hours each
Cases:
End on case on page 170 for Thursday
TOPICS for the semester (1st 3.5 weeks)
DAMAGES
INUNCTIVE RELIEF
UNJUST ENRICHMENT
DAMAGES
Definition
Proving existence
Proving the amount
Basic elements of a bodily injury case
Someone who is physically injured by reason of tort of some other person
Loss of wages
Loss of earning capacity
Medical expenses
Point of trial and into future
Pain and suffering
Point of trial and into the future
Avoidable consequences
Once person injured it will find that if he doesn’t act reasonable (taking available steps after injury) there will be a reduction in damages for their unreasonable behavior
Collateral source rule
Statement as rule of evidence
When one gets a source of compensation for his injury then from source other than tort feasor then compensation cannot be deducted from damages (no offset)
Prejudgment interest
Where someone has lost use of money to point of tort of breach of k and loss of money til judgment comes in will be compensated as prejudgment injury that will be part of damages a person recovers
PUNITIVE DAMAGES
There is award of
damages and behavior involves malice, fraud, or oppression
Proven by clear and convincing evidence they may award to tort feasor in addition to
damages
ATTORNEY FEES AS DAMAGES
ATTORNEY FEES AS COST OF LITIGATION
Neither of these are actual damages
INJUNCTIVE RELIEF
Court order directing someone to do or not do something
Important cause it is directed at the person and if he improperly violates the order they can be held in contempt of court and be put in jail or fined
Case of page 277 deals with whether court will block defendant from litigating parallel case in next state bordering
If can be compensated adequately in damages then injunction will not be used
RIGHT TO TRIAL BY JURY
There is in certain civil cases
Equitable relief there will not be a right to trial by jury
EQUITABLE DISCRETION
Judge is acting within the law given particular factual pattern between the judge
CLEAN HANDS
Prevents court from having to give someone relief sought if they have acted willfully, fradulantly
LATCHES
Waited too long and defendant is unreasonably prejudgace by delay
Two equitable defenses
CONTEMPT
Is it due process violation or not
UNJUST ENRICHMENT
Page 469
P wants restitution
Designed to cause D to give up economically whatever unjust benefit that D has received
D has got something from the P
Doesn’t require tort or breach of k
It is a stand alone remedy
EQUITABLE RESTITUTION RELIEF
Avoid unjust enrichment
It is to direct D to turn over certain property that D got at loss of P
EQUITABLE LEAN
SUBROGATION
LAST HALF OF THE COURSE – all things will be put in practice
Chapter 5.
Recission
Unwinding of k or transaction
Put them back where they were before deal was made
Economically through equitable recession
Infancy doctrine
K can be disaffirmed when minority or affirmed within reasonable time reaches age of majority
Mistake
Mutual, unilateral
What is it and what are the remedies of it
Economic loss rule
Negligence with only economic loss
Will there be relief?
Spec
nd me from lawsuit filed against me.Insurance company says no.P would sue for declaratory relief that they have duty to defend party in litigation.Judge will issue declaration of right to parties.Court declares rights of the parties.Says must defend, and sometimes they do not have a right to defend.Court can declare it either way, it just depends.
Putting the aggrieved P whose k has been breached in the exact position as if k has been performed
ft
CASES
Page 20. Cooper Case
Facts
Cooper had to have medical clearance to fly
He was supposed to make reports to the FAA
Cooper also dealt with SS administration
Got SS benefit
Didnt tell FAA about diagnosis which he was required to do.Did it on purpose
What rule of law is umbrella over all
Privacy act
Prevents release of information between agencies
Two agencies were informing FAA about P’s condition
Therefore, they revoked his pilot license
He pled guilty and received probation
There is a violation of privacy act
When one sues government it sobronunity
Gives away ability to sue government.
Usually to sue government agency has to be some statute to enable ability to sue
Privacy act had been violated.
What does it say?
In order to prevail have to prove what?
P sustained actual damages.
TTalks about economic and non economic damages
What is meaning of actual damages?
P sought to recover for emotional distress damages.
Problem becomes what?
