Tools
Remedies
Where to find it
Law Library — 2nd Floor Collection (2nd floor)
Authors, etc.
- Names:
-
- Hasen, Richard L., author
Summary
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Key Features
A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm's treatment of the economic harm rule A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets A new discussion of emotional distress damages for breach of contract A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders) A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution A new section on opportunistic breach of contract in Restitution, including the Supreme Court's recent endorsement of the section in a 2015 case A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question
Content provided by Syndetic Solutions, Inc.
Terms of Use
Contents
- Acknowledgments p. xvii
- How to Use This Book p. xix
- Chapter 1 Read This Chapter First: Why Remedies? What Remedies? p. 1
- 1.1 Why Should a Law Student Care About Remedies? p. 1
- 1.2 Why Should a Lawyer Care About Remedies? p. 2
- 1.3 Remedies as the Lawyer's Toolbox p. 4
- 1.4 The Categories of Remedies p. 5
- Part I Compensatory Damages
- Chapter 2 Introduction to Damages: Show Me the Money p. 13
- 2.1 Compensatory Damages as Substitutionary Relief p. 13
- 2.2 Compensatory Damages and the Rightful Position Standard p. 15
- 2.3 Valuing Compensatory-Damages p. 21
- 2.3.1 Damages in a Well-Functioning Market p. 21
- 2.3.2 Damages Without a Well-Functioning Market p. 26
- 2.4 Nominal Damages p. 28
- 2.5 Time and the Value of Money p. 29
- 2.5.1 Prejudgment and Postjudgment Interest p. 29
- 2.5.2 Present Value p. 32
- Chapter 3 Tort Damages p. 37
- 3.1 Introduction to Tort Damages p. 37
- 3.2 Pain and Suffering, Emotional Distress, and Other "Noneconomic" Damages p. 39
- 3.3 Special Rules for Wrongful Death, Survivor, and Loss of Consortium Actions p. 45
- 3.3.1 Wrongful Death p. 45
- 3.3.2 Survival of Personal Injury Actions p. 48
- 3.3.3 Loss of Consortium Claims p. 49
- 3.4 Presumed Damages (Defamation) p. 51
- 3.5 Other Limits on Tort Damages: Proximate Cause and the Economic Harm Rule p. 54
- Chapter 4 Contract Damages p. 61
- 4.1 Introduction to Contract Damages: Expectancy Versus Reliance p. 61
- 4.2 The Theory of Efficient Breach p. 67
- 4.3 Consequential Damages p. 70
- 4.4 Liquidated Damages and Other Contractual Limitations on Remedies p. 76
- 4.5 Contract Damage Issues Under Article 2 of the Uniform Commercial Code p. 81
- 4.5.1 Buyers' Remedies p. 81
- 4.5.2 Sellers' Remedies. Including the "Lost Volume Seller" p. 88
- 4.5.3 U.C.C. Article 2 Limitations on Remedies p. 95
- Chapter 5 The Unusual: Expectancy Damages in Tort and Reliance Damages in Contract p. 99
- 5.1 Review of the Usual Tort and Contract Damage Measures p. 99
- 5.2 Expectancy Damages in Tort? The Special Case of Fraud p. 101
- 5.3 Reliance Damages in Contract? p. 107
- Chapter 6 Ensuring the Rightful Position: A Look at Certainty, Mitigation, Offsetting Benefits, and the Collateral Source Rule p. 117
- 6.1 The Certainty Requirement p. 117
- 6.2 The Mitigation Requirement p. 122
- 6.2.1 Avoidable Losses: Rules and Economic Rationale p. 122
- 6.2.2 Mitigation Under Article 2 of the U.C.C. p. 126
- 6.2.3 What Are "Reasonable" Steps in Mitigation? p. 128
- 6.3 Offsetting Benefits p. 130
- 6.4 The Collateral Source Rule p. 134
- Part II Equitable Remedies
- Chapter 7 Injunctions and Other Equitable Remedies: Stop Me Before I Harm (Again)! p. 141
- 7.1 Introduction: Injunctions as Specific Relief p. 141
- 7.2 Requirements for Injunctions, the Origins of Equitable Relief, and a Note on Replevin p. 146
- 7.3 The Propensity Requirement and the Scope of Injunctions p. 151
- 7.3.1 Propensity, Ripeness, and Mootness p. 151
- 7.3.2 The Proper Scope of Injunctive Relief p. 155
- 7.4 The Irreparable Injury Requirement p. 158
- 7.5 Does eBay Set a New Standard for Granting Injunctions in Federal Court? p. 161
- 7.6 Other Policy Reasons for Courts to Deny Injunctions p. 163
- Chapter 8 Advanced Topics in Injunctions p. 175
- 8.1 Structural Injunctions (or Institutional Reform Litigation) p. 176
- 8.1.1 Structural Injunctions, the Rightful Position, and the Roving Commission to Do Good p. 176
- 8.1.2 Consent Decrees p. 182
- 8.1.3 How Congress May Limit Remedies: The Prison Litigation Reform Act Example p. 184
- 8.2 Modifying Existing Injunctions p. 188
- 8.3 Injunctions and Third Parties p. 192
- 8.4 Nationwide Injunctions: Political Warfare in Federal Courts p. 194
- Chapter 9 Preliminary Injunctions and Other Preliminary Relief p. 197
- 9.1 Introduction to Preliminary Relief p. 197
- 9.2 Preliminary Injunctions (and Stays) p. 201
- 9.3 Injunction Bonds (or "Security"), with a Note on Ne Exeat p. 213
- 9.4 Temporary Restraining Orders p. 218
- 9.4.1 Why Seek a Temporary Restraining Order? p. 218
- 9.4.2 Important Procedural Differences Between a Preliminary Injunction and a Temporary Restraining Order p. 220
- Chapter 10 Enforcing the Injunction: The Power of Contempt p. 225
- 10.1 Introduction to the Contempt Power p. 225
- 10.2 Civil Coercive Contempt p. 228
- 10.3 Criminal Contempt p. 233
- 10.4 Civil Compensatory Contempt p. 237
- 10.5 The Collateral Bar Rule (More on Criminal Contempt) p. 240
- 10.6 Contempt and Third Parties p. 244
- Part III Restitution
- Chapter 11 No Gain, No Fain: Restitution and the Unjust Enrichment Principle p. 251
- 11.1 Introduction to Restitution p. 251
- 11.2 The Meaning of "Unjust Enrichment": When Is Restitution Available? p. 257
- 11.2.1 Introduction p. 257
- 11.2.2 Benefits Conferred by Mistake p. 258
- 11.2.3 Benefits Conferred by Transferor with Defective Consent or Authority p. 261
- 11.2.4 Benefits Conferred Intentionally in Emergency, and by Officious Intermeddlers p. 263
- 11.2.5 Benefits Conferred in Contractual Settings, Including the Case of "Opportunistic Breach" p. 265
- 11.2.6 Benefits Obtained Through Tortious or Otherwise Wrongful Conduct p. 271
- 11.3 Why Allow for the Recovery of Defendant's Gains in Cases of Unjust Enrichment? p. 273
- 11.4 More on Losing Contracts: Should the Contract Price Be the Cap? p. 276
- Chapter 12 Unjust Enrichment: Measuring Ill-Gotten Gains and Apportioning Profits p. 279
- 12.1 Measuring Ill-Gotten Gains p. 279
- 12.2 Apportioning Profits p. 287
- Chapter 13 Advanced Topics in Restitution: Constructive Trusts, Equitable Liens, and Other Restitutionary Remedies p. 297
- 13.1 Constructive Trusts p. 297
- 13.1.1 Constructive Trusts: The Basics p. 297
- 13.1.2 Advanced Tracing Problems p. 305
- 13.2 Equitable Liens p. 311
- 13.3 Other Restitutionary Remedies p. 316
- 13.3.1 Replevin and Ejectment p. 316
- 13.3.2 Subrogation, Contribution, and Indemnity p. 320
- Chapter 14 Rescission and Reformation p. 327
- 14.1 Introduction: Are Rescission and Reformation Restitutionary Remedies? p. 327
- 14.2 The Remedy of Rescission p. 329
- 14.3 The Reformation Remedy p. 336
- 14.4 The Choice Between Rescission and Reformation p. 338
- Part IV Other Important Remedies Concepts
- Chapter 15 Dishing It Out: Punitive Damages and Their Constitutional Limits p. 343
- 15.1 Introduction to Punitive Damages p. 343
- 15.2 Punitive Damages and Contract p. 353
- 15.3 Constitutional Limits on the Amount of Punitive Damages p. 358
- Chapter 16 Declaratory judgments and Related
- 16.1 Introduction: Why Declaratory Judgments? p. 367
- 16.2 Ripeness Requirements for Declaratory Judgments p. 373
- 16.3 Declaratory Judgments and Federalism p. 376
- 16.4 Other Declaratory Remedies p. 380
- Chapter 17 Help! I Need Somebody: Ancillary Remedies p. 383
- 17.1 Collecting Money Judgments p. 383
- 17.2 Prejudgment Freeze Orders, Attachments, and Receiverships p. 391
- 17.3 Attorney's Fees and Litigation Expenses p. 396
- Chapter 18 Remedial Defenses p. 403
- 18.1 Plaintiffs Bad Conduct: Unconscionability, Unclean Hands, and In Pan Delicto p. 403
- 18.1.1 Unconscionability p. 404
- 18.1.2 Unclean Hands p. 406
- 18.1.3 In Pori Delicto p. 408
- 18.2 Estoppel and Waiver p. 411
- 18.3 Laches and Statutes of Limitation p. 416
- 18.3.1 Laches p. 416
- 18.3.2 Statutes of Limitation p. 418
- 18.3.3 Relationship of Laches to Statues of Limitations p. 423
- Chapter 19 Putting It All Together: Taking a Remedies Exam p. 425
- 19.1 How to Prepare for a Remedies Exam p. 425
- 19.2 Sample Remedies Essay Examination Questions and Answer Keys p. 427
- Table of Cases p. 461
- Table of Books and Articles Cited p. 467
- Table of Statutes, Restatement Sections, and Uniform Commercial Code (UCC) Provisions p. 471
- Index p. 473
Content provided by Syndetic Solutions, Inc.
Terms of Use
Subjects
Other details
- Description:
- xix, 476 pages ; 26 cm.
- Series:
- Examples & explanations
- Published:
- New York : Wolters Kluwer, [2017]
- Language:
- English
- Notes:
- Includes bibliographical references (pages 467-469) and index.
- Genre or Form:
- Outlines, syllabi, etc
Study guides
Outlines and syllabi - ISBN:
- 9781454881292
1454881291 - OCLC Number:
- 989123875
- Other Identifiers:
- LCCN: 2017025391
Related items
- Series:
- Examples & explanations series.