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Remedies
University of Dayton School of Law
Merz, Michael R.

Part 1: Introduction
I.       Chapter 1: Basic Remedial tools
A.     Types of Remedies
1.      Remedies are the nature and measurement of relief, which the basis for needs to be establish.
2.      Coercive Remedies-such as an injunction or specific performance order, is available from a court sitting in equity
i.        Three types of injunction
a.      Restorative injunction-operates to correct the present by undoing the effects of a past wrong.
b.      Prophylactic injunction-safeguard the plaintiffs rights by minimizing the chance that wrongs might recur in the future
c.      Structural injunction-example of a school desegregation order
3.      Damages-purpose is to compensate plaintiffs for losses sustained.
i.        Most prevalent legal remedy is damages.
4.      Restitution-remedy to restore property to its rightful owner by returning the plaintiff to a position held before a wrong, or disgorge from a defendant any unjust enrichment occasioned by the wrong to the plaintiff
i.        Substantive restitution concerns the entitlement to a restitution remedy
ii.      Remedial restitution concerns the measurement of that remedy
5.      Declaratory remedies-declaratory remedy to obtain a declaration of the rights or legal relations between the parties
i.        Nominal damages declare the relative rights of the parties
ii.      Establishes a substantive claim but cannot establish damages.
II.     Chapter 2: Scope of Legal and Equitable Remedies
A.     Limitations on Remedies
1.      Plaintiff must establish substantive entitlement to relief and a legal basis for the desired remedy
2.      Three sources of remedial rights: statutes, federal and state constitutions, and common law
3.      Two limitations
i.        A plaintiff cannot get a double recovery of the same damages simply because there are two sources of remedies
ii.      The statute may address its relationship to any common law rights
4.      Orloff v. Los Angeles Turf Club
i.        Facts: Plaintiff was kicked out of defendant’s Turf Club after being admitted. Plaintiff now brings suit because statute says it’s illegal for a racecourse to refuse admission to someone who’s paid, the statute provides remedies of actual damages and $100.
ii.      Rule of Law: The sufficiency of the remedy provided by the statute depends on whether the remedy effectuate the purpose of the statute.
5.      Cowin Equipment Co. v. General Motors Corop.
i.        Facts: Plaintiffs, dealers in Terex heavy equipment, made contract with defendant. Plaintiff isn’t able to sell goods because the state of the economy, therefore, wants to return goods to defendant, but defendant refuses. The contract is non-cancelable. 
ii.      Rule of Law: The difference between a remedy and a defense–unconscionability is a defense to equitable claims, and also today to legal claims, but does not establish a cause or effect.
6.      Pulliam v. Allen
i.        Facts: Plaintiffs were arrested for minor infractions, which normally carry a fine and are not jail able offenses. The magistrate wanting to make sure they come back for the trial, he set bail at $250 and plaintiffs were not able to post bail. Therefore, the judge keeps them in jail until the trial. Defendants sue, that it’s unconstitutional because, the penalty for this crime is at most $100-200, but the judge has put them in jail. The remedy they request from the fed district court is an injunction against the state court judge.
ii.      Rule of Law: Judicial immunity, which applies to a judge in a lawsuit for damages, doesn’t bar prospective relief.
B.      Consequences of Remedy Characterizations
1.      Maryland Casualty Co. v. Armco, Inc.
i.        Facts: Plaintiff, an insurance company, is suing the insured for declaratory relief. The un

instatement.
Part 2: Injunctions and Specific Performance
III. Chapter 3: Preventative Injunctions-is a court order designed to avoid future harm to a plaintiff by controlling a defendants behavior
A.     Inadequacy of Remedy at Law
1.      Why?
i.        Plaintiff might have to bring multiplicity of lawsuits.
ii.      Where it involves the use and enjoyment of land, courts are inclined to find legal remedy inadequate.
iii.     Where there’d be recurrent invasions of someone’s int.
iv.    Where it is difficult to measure damages in monetary terms.
2.      Thurston Enterprises, Inc. v. Baldi
i.        Facts: Plaintiff bought some land from defendant, but had no access to it, therefore, defendant granted an easement through his property. Plaintiff started developing the property, and defendant’s land got damaged in the process. Defendant brought suit and the trial judge gave an injunction limiting the number of trucks to reduce future damage (prophylactic) and required plaintiff to repair the damage (restorative). 
ii.      Issue: Did the ct have the discretion to grant this injunction?
Rule of Law: There must be no adequate legal remedy, and the person who seeks the injunction has the burden to show by preponderance of the evidence. As to the repair, the legal remedy of damages is probably adequate. So the courts won’t give an injunction to repair. The court doesn’t want to supervise this. It’s difficult to get a restorative injunction, because usually in those cases, damages is adequate. But