Key Word Outline

1. REMEDIES

Compensatory Damages

Nominal Damages

Punitive Damages

Restitution

Specific Relief

Preventative Relief

Declaratory Relief

Historical Classifications

Legal remedies

Equitable remedies

Damages

Tort

Contract

Limitations of Recovery

Tort

Contract

Certainty of Damages

General Damages

Special Damages

Causation

Rule of Avoidable Consequences

Distinguished from Contributory

Negligence

Liquidated Damages

Punitive Damages (Torts Only)

The measure of punitive damages

Prejudgment Interest

Attorney's Fees

Collateral Sources Rule

Present Value of Future Losses

Election of Actions

Requirements for Equitable Remedies

Discretionary

Specific and Direct

Preventive

Fair and Just

In Personam

Primary jurisdiction

Equitable jurisdiction

No adequate remedy at law

Balancing of the equities in tort

Feasibility of relief

Definite and certain in contract

Conditions precedent

Enforcement must operate equitably

Enforcement must be feasible

No injunctions against crimes (Generally)

No injunctions against criminal prosecution under

a valid statute

State criminal prosecutions

State civil proceedings

Declaratory relief

Unclean hands

Special Defenses

Laches

Enforcement of Equitable Decrees

Nonparties

Land in another state

Restraining Orders

Temporary Restraining Orders (TRO)

Preliminary Injunctions

Status quo

Bills of Peace

Interpleader

Bills quia timet

RESTITUTION

Restitution at Law

Constructive trust

Restitution in Equity

Equitable lien

Subrogation

Accounting for profits

2. TANGIBLE PROPERTY

Legal Remedies for Theft of Money

Conversion

Quasi-contract

Equitable Remedies for Theft of Money

Constructive trust

Equitable lien

Subrogation

Commingled Funds

Tortious Destruction of Chattels

Tortious Damage to Chattels

Tortious Taking of Chattels

Doctrine of assession

Adverse possession

Measure of detention damages

Conversion

Quasi-contract

Restitution for value of use

Constructive trust

Tortious destruction or injury to real property

Destruction of buildings

Damage to buildings

Crop damage

Tree damage

Waste

Voluntary waste

Permissive waste

Ameliorating waste

Equitable waste

Trespass

Simple trespass

Trespass with Ouster

Encroachment

Severance

Dumping

Interference with Easements

Damages

Injunctions

Nuisance

Damages

Injunctions

Coming to the nuisance

Public Nuisance

Remedy

Private suits

3. COMMERCIAL INTERESTS

Destruction of an Established Business

Partial Destruction of an Ongoing Business

Inducing Breach of Contracts.

Interference with Expectancies

Testamentary disposition

Diversion of Benefits

Benefits obtained by breach of

fiduciary duty

Benefits obtained without a breach of

fiduciary duty

Diversions of benefits by non-fiduciaries

4. PERSONAL INJURIES

Defamation

Damages

Injunctions

Restitution

Privacy

Damages

Injunctions

Restitution

Personal Injuries

Damages

Rules Affecting the Quantum of Damages

Rule of avoidable consequences

Mitigation by provocation

Mitigation by compensation

Collateral sources rule

Discounting to present value

Taxes

Survival of Personal Injury Actions

Wrongful Death Actions

Loss-to-estate (minority)

Loss-to-survivors (majority)

Injuries to Others

Damages for loss of consortium

Injuries to children

Injuries to employees

Wrongful life

5. BAD CONDUCT

Fraud

Affirmance of a contract

Rescission of a contract

Affirmance of the Contract

Damages

A misrepresentation of fact

Scienter

Intent to induce reliance

Justifiable reliance

Reliance

Damages

Buyer commits the fraud

Fraud not involving the sale of property

Rescission of the Contract

Misrepresentation of fact

Scienter

Materiality

Reliance

Injury

Rescission at law

Rescission in equity

Duress

Business compulsion

Undue Influence

Unconscionability

Procedural unconscionability

Substantive unconscionability

Remedial unconscionability

6. MISTAKE

Mistake in Bargaining Transactions

Overperformance of a contract

Errors in conveyance of land

Overperformance of services

Mistake by Relying on a Nonexistent Contract

Mistake in Basic Assumptions

Unilateral mistakes

Defenses

Change in position:

Discharge for value

Compromise and Settlement

Mistake of law

Negligence of Plaintiff

Mistake in Integration

Statute of Frauds

Long-Term Executory Contracts

Mistake in Gratuitous Transactions

7. BREACH OF CONTRACT

Specific Performance

Land Sale Contracts

Doctrine of equitable conversion

Seller's interest

Buyer's interest of the estate.

Buyer's Remedies for Seller's Breach of an

Executory Land Sale Contract

Damages

Specific performance

Specific performance with abatement

Restitution

Buyer's Remedies for Seller's Breach after

Conveyance

Remedy of a Seller in Default

Immaterial default

Seller's Remedies for Buyer's Breach of

Executory Land Sale Contract (Cash Sales)

Damages

Specific Performance

Consequential damages

Rescission and Restitution

Seller's Remedies for Buyer's Breach of

Installment Land Sale Contract

Damages

Foreclosure on vendor's lien

Quiet title

Grantor's Remedies for Breach after Conveyance

of Title

Damages

Foreclosure on the grantor's lien

Specific performance

Quasi-contract

Specific restitution

Remedies of a Buyer in Default

Restitution

Specific performancehe full purchase

price owed.

Buyer's Remedies Against Seller for Nondelivery

Damages

Cover

Replevin

Specific Performance

Rescission

Buyer's Remedies Against Seller Following

Delivery or Acceptance.

Delay in delivery

Breach of warranty

Revocation of acceptance

Remedies of a Buyer in Default

Seller's Remedies for Buyer's Nonacceptance of Goods

Damages

Alternative measures

Resale

Rescission

Specific performance

Action for the full price

Seller's Remedies after Delivery and Acceptance

of Goods

Action for the full price

Reclaim goods

Restitution after part performance by seller

Remedy of Seller in Default

Builder's Remedy of Damages Against Owner

Before performance:

Full performance

Part performance

Builder's Restitutionary Remedy Against

Defaulting Owners

Cost of replacement

Restitutionary Remedy for Builder in Default

Owner's Remedy of Damages for Builder's Breach

Restitutionary Remedy Against Builder

Specific performance

Service Contracts

Damages for a breach by an employee

Damages for a breach by an employer

Contracts terminable at will

Restitution

Injunctions

Covenants not to compete

Contracts to Lend Money

8. UNENFORCEABLE CONTRACTS

Contracts Not in Writing

Restitution

Part performance Doctrine:

Estoppel to assert the Statute of Frauds

Oral agreements to devise realty for services

Impossibility or Frustration

Failure of consideration

Unenforceable Contracts Because of Lack of

Capacity to Contract

Minors' contracts

Mental incapacity

Ultra Vires

Agreements Unenforceable Because of Illegality

Unlicensed building contractors.

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