CA Bar Exam Remedies Essay
Remedy at law / Legal damages ️️Money damages to compensate a P for a loss / awarded to make
a P whole
Restitution ️️Prevent unjust enrichment of the D / can be legal (money or return of property) or
equitable
Compensatory Damages *T ️️Awarded to to ...
Remedy at law / Legal damages ✔️✔️Money damages to compensate a P for a loss / awarded to make
a P whole
Restitution ✔️✔️Prevent unjust enrichment of the D / can be legal (money or return of property) or
equitable
Compensatory Damages *T ✔️✔️Awarded to to make a P whole to compensate for injury or loss &
measured by monetary value of the P's harm (Pain&suffering, medical expenses, lost wages) / ISSUES
(causation, foreseeability of damages, calculated w/ certainty, P mitigated damages to avoid damages
that could have reasonably been avoided)
General damages *T ✔️✔️noneconomic losses directly attributable to the tort all Ps would have
suffered as natural result of tort (pain and suffering)
Specific Damages *T ✔️✔️economic losses that are unique to each specific plaintiff (medical bills, lost
wages)
Measure of damages in Tort ✔️✔️Past loses + future losses so long as calculated w/ reasonable
certainty / compensate for value of P's harm (fair market value of lose item for conversion, loss of use of
item for trespass to chattel OR P&S lost wages etc.)
Pure Economic Loss vT ✔️✔️intentional interference w/ business relations allows & all others must
have property loss or personal injury to recover
Nominal Damages *T ✔️✔️awarded to vindicate P's rights when they have been violated but P
suffered no loss
Punitive Damages *T ✔️✔️D displayed willful, wanton, or malicious tortious conduct If actual damages
are awarded AND culpability is greater than neg. AND relatively proportionate to actual damages 9:1 /
"grossly excessive"
, Legal Restitution *T ✔️✔️D has derived a benefit and unfair to allow D to keep benefit w/out
compensating P / prevent unjust enrichment / money restitution = monetary value of benefit received
by D's gain
Replevin *T *C ✔️✔️recovery of a specific chattel wrongfully taken that P has a right to possession
Ejectment *T *C ✔️✔️Recover real property that P has a right to possession and wrongfully excluded
Equitable Restitution *T ✔️✔️WHEN remedy at law is inadequate ($ too speculative, insolvent D,
replevin unavailable, property is unique) & to prevent unjust enrichment
Constructive Trust *T ✔️✔️legal fiction to compel D to convey title to unjustly retained specific
property to the P AND D obligated to transfer property back to P AND requires (1) wrongful act led to
retention of property (embezzlement, fraud, theft, conversion), (2) D has legal title to convey (thief has
title to cash but not wrongfully obtained property) (3) property can be solely traced AND P receives
benefit of increase or decrease
Lowest intermediate balance rule (Constructive Trust/Equitable Lien) *T ✔️✔️If commingles funds w/
his own funds then assume D spends his own money first & once withdraw they are gone & D invests his
own money first
Equitable Lien *T ✔️✔️Security Interest / property acts as collateral for $ owed to P . can be
commingle funds & deficiency judgment (get additional money if not enough) is permitted (1) wrongful
act led to retention of property (2)legal title (3) property can be traced / forced sale of D's property
Constructive Trust/Equitable Lien priority of P over 3rd parties *T ✔️✔️BFP w/ legal title prevails over
P (like secured creditors)
Constructive Trust / Equitable Lien Question ✔️✔️Analyze both / trust better when value goes up Lien
better when value goes down or can't be solely traced to its current form
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