Lessons by Subject Outline - Remedies

This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons.
The Remedies Index lists all CALI lessons covering Remedies.

Subject Outline

Overview
- Historical Perspective / Relation Between Rights & Goals
  - History of Equity (REM04)
- Relation to Substantive Common Law vs. Statutory
- Classification and Ordering of Remedies
  - Equitable Remedies - An Overview (REM02)
  - Characterizing Remedies (REM03)
  - Compensatory Remedies
  - Coercive, Preventative Remedies
  - Declaratory Remedies
  - Restitutionary Remedies
Damages
- Compensatory damages
  - Terminologies and Basic Concepts (Compensatory Damages Defined; "General" vs. "Special" Damages; "Actual" Damages; "Out-of-Pocket" Damages; Pecuniary vs. Non-pecuniary Damages; Economic and Pecuniary Damages; Non-economic Damages; Consequential Damages
    - Compensatory Damages: Terminologies and Basic Concepts (REM05)
  - Measurement of Compensatory Damages (Formulas for measuring compensatory damages; diminution in value; cost of repair/restoration; etc.)
  - Valuation of Compensatory Damages (value and time; value and place)
  - Interests Protected (expectancy interest; reliance interest; restitution interest)
    - Interests Protected (REM14)
  - Mitigation of Damages
  - Collateral Source Rule
  - Interest as Damages (conventional interest; judgment interest; pre-judgment interest)
- Consequential Damages
- Punitive Damages
  - Overview of Punitive Damages (Historical development; purposes and applications)
  - Limitations on Punitive Damages (actual injury; culpable misconduct; higher burden of proof; statutory limitations, i.e., “tort reform”)
  - Proving Punitive Damages (Greater quantum of proof; evidence of defendant’s “net wealth”; “ratio rule” re: proportionality; bifurcated trial re: liability vs. damages; discretion re: size of award)
- Adjustments to Damage Awards
  - Adjustments for Present Value and Future Inflation (REM21)
  - Adjustments for “Present Value” and “Future Inflation”
  - Adjustments for Future Income Taxes
Agreed Remedies
- Liquidated damages
  - Compensable damage requirement
  - Exclusivity
  - Over or under compensatory
- Limits on remedies for breach
Equitable Remedies
- Law and equity in history
  - Equitable Discretion (REM12)
- Overview of Forms of Equitable Relief
- Irreparable injury & adequacy of the remedy at law
  - Irreparable Injury (REM08)
- Discretionary (practicalities) Foisting
- Equitable remedies by statute
- Ripeness & mootness
  - Ripeness and Mootness (REM30)
- Court's burden
- Limitations on Injunctive & Equitable Relief
- Rights to Jury & Equitable Cleanup
  - Right to Jury Trial (REM44)
Provisional Injunctive Relief
- Temporary Injunctive relief
  - Preliminary Injunctive Relief (REM15)
  - Mechanics & Procedural Due Process
  - Bonds
  - Appellate Review
    - Appealing Injunctions (REM42)
- Permanent Injunctions
- Modification
  - Modifying Injunctions (REM37)
- Framing/Specificity
  - Framing Injunctions (REM16)
- Substantive Limitations on Injunctive Relief
  - Prior Restraint and Speech
    - Injunctions Against Speech I [Judicial Orders (frequently Injunctions) & Speech] (REM32)
  - Injunctions against Prosecution
    - Injunctions: Crime & Criminal Prosecutions (REM36)
  - Injunctions against Crimes
    - Injunctions: Crime & Criminal Prosecutions (REM36)
  - Injunctions against Civil Litigation
    - Injunctions Against Civil Litigation (REM35)
  - Injunctions against Elections and Voting
Restitution
- Unjust enrichment
  - Restitution: Unjust Enrichment (REM22)
  - Volunteer Principle
    - Restitution & Volunteers (REM43)
  - "Choice" principle
  - Mistake in payment
  - Expectation of payment
  - Compared to irreparable injury requirement
  - Elements of a Prima Facie case
  - Methods to avoid
    - Quasi contract
      - Express and Implied Contracts (CON44)
- Valuation
- Good or services provided in an emergency situation
  - Restitution - Emergency Situations (REM45)
- Apportionment of benefits
  - Indivisibility
  - Culpability of defendant
- Remedies
  - Apportionment of profits
    - Equitable Protection of Restitution: The Accounting for Profits (REM13)
  - Constructive Trust and Equitable Lien
    - Equitable Protection of Restitution: The Constructive Trust and Equitable Lien (REM17)
  - Subrogation, Indemnity and Contribution
  - Constructive trusts
- Tracing principles
  - Following and limitations on following
    - Tracing (REM10)
- Mistake of Fact
  - Restitution - Mistake of Fact (REM46)
Remedies for Injuries to Relationships
- Overview
  - Intentional interference - tort
- Remedies for Interference with or injury to economic relationships
- Remedies for breach of professional duty (malpractice)
- Remedies for injuries to personal relationships
- Remedies for breach of fiduciary duty
Remedies for Injury to Reputation
- Defamation Remedies (REM29)
- Overview of remedies for injuries to reputation
  - Libel and Slander (TRT30)
- Injury to reputation
- Injunctions - publication
  - Injunctions Against Speech I [Judicial Orders (frequently Injunctions) & Speech] (REM32)
Remedies for Injuries to Personal Dignity
- Remedies for interference with or injury to privacy
  - Injunctions Against Speech III (REM34)
- Remedies for violations of civil rights
  - Injunctions Against Speech II (REM33)
- Remedies for misuse of legal process
Remedies for Bodily Injury
- Overview of Damages for Personal Injury
  - Damages for Personal Injuries (TRT41)
- Lost income and lost earning capacity
- Medical expenses
- Non-economic damages
  - Non-Economic Damages: Proof and Argument (REM20)
- Remedies in Wrongful Death and Survivorship Actions
  - Damages for Injuries That Cause Death (TRT43)
- Remedies for Wrongful Conception, Birth, etc.
Remedies for Injuries to Personal Property
- Overview
  - Fundamentals of Damages for Harms to Personal Property (TRT20)
  - Total
  - Partial
  - No market value to property
  - Unique Personal Property (including pets)
- Remedies for Harms to Interests in Physical Integrity of Personal Property
  - Damages for Harms to Interests in Physical Integrity of Personal Property (TRT23)
  - Conversion
    - Conversion (TRT46)
  - Trespass to chattels
    - Trespass to Chattels (TRT47)
- Remedies for Harms to Use & Enjoyment (trespass to chattels & conversion) in Personal Property
  - Damages for Harms to Interest in Use and Enjoyment (TRT22)
- Remedies for Harms to Possessory Interest in Personal Property
  - Damages for Harms to Possessory Interests in Personal Property (TRT21)
- Replevin
  - Non-Economic Damages: Proof and Argument (REM20)
Real Property Remedies
- Overview of remedies for harms to real property
  - Damages for Harms to Real Property (TRT15)
- Remedies for harm to buildings & fixtures
- Remedies for harm to natural resources (including trees, crops, minerals, etc.)
- Remedies for interference with or harm to title (cloud on title, defamation of title, etc.)
- Remedies for interference with or harm to possessory interests in real property (Unauthorized occupancy; Trespass)
- Remedies for interference with or harm to interests in the use and enjoyment of real property (Nuisance)
- Remedies for harm to the physical integrity of real property (Waste, good faith improvements, etc.)
Rescission
- Election of Remedies Doctrines (REM18)
- Overview
  - Basis for Rescission
  - Mechanics/Scope of Rescission
- Rescission at law vs. in equity
Specific Performance
- Specific Performance (CON55)
- Requirements for Fashioning Relief
  - Certainty of terms in the contract
  - Ability to perform
  - Mutuality of remedy
  - Fairness
  - Performance sought must be legal
  - Abatement
- In Context (e.g. personal service & service contracts)
Fraud and Misrepresentation
- Defenses (CON12)
- Fraud Overview
  - Economic damages
  - Promissory fraud
  - Fraud causation
  - Reliance as a requirement
  - Non-disclosure
  - Fraudulent fiduciaries
- Negligent misrepresentation
Contract Remedies
- Contract Tutorials on Remedies (CON08)
- An Introduction to Contract Remedies (CON42)
- Employment contracts
  - Employee against the employer
    - Employee Injunctive Remedies (REM39)
    - Employee Damage Remedies (REM40)
    - Injunctive relief - reinstatement
    - Quantum meruit
  - Employer against the employee
    - Employer Injunctive Remedies (REM38)
    - Employer Damage Remedies (REM41)
    - Equitable remedies
    - Employee's breach of fiduciary duty
- Construction contracts
  - Owner's remedies - contractor breaches
  - Contractor's remedies - owner breaches
- Sale of real property
  - Contract for Purchase and Sale 2: Remedies and the Merger Doctrine (PPL51)
  - Buyer's remedies
  - Seller's remedies
- UCC Sale of Goods
  - Overview
    - UCC Remedies: An Introduction (CON49)
  - Buyer
    - UCC Remedies: Buyer's Remedies When the Seller is in Breach (CON50)
  - Seller
    - UCC Remedies: Seller's Remedies When Buyer is in Breach (CON48)
- Landlord-Tenant Actions
  - Landlord and Tenant: Constructive Eviction (PPL53)
  - Landlord and Tenant: Delivery of Possession and Title Covenants (PPL52)
  - Landlord and Tenant: Quiet Enjoyment (PPL41)
  - Landlord’s Remedies for Breach of Lease
  - Landlord’s Remedies for Wrongful Possession
  - Tenant’s Remedies for Interference with Possession
  - Tenant’s Remedies for Interference with Use
  - Enforcement of Security Deposits
Declaratory Remedies
- Overview
- Quiet Title and Other Equitable Actions
- Reformation
Defenses
- Impact of the merger of law & equity
  - In Personam Remedies (REM31)
- Laches
  - The Equitable Defense of Laches (REM06)
- Unclean hands
  - Unclean Hands (REM07)
- In pari delicto
- Statutes of limitations
- Equitable estoppel
- As against the government
Enforcement of Judgments and Decrees
- Enforcement of Money Judgments
  - Direct
  - Indirect
- Civil Contempt
  - Contempt Overview (REM19)
  - Contempt
  - Coercive
- Compensatory contempt
- Defenses to contempt
- Criminal Contempt
  - Contempt Overview (REM19)
Attorney Fees
- Recovery of Attorneys Fees (REM23)
- Entitlement
  - Fee Shifting
  - Exceptions to the American rule
- Measurement
- Policy Issues
  - The Policy Debate over Attorney's Fees Rules (REM09)
Constitutional Torts
- Qualifications
- Restrictions
- Hurdles to Recovery