This document provides an overview of remedies available in tort and contract law. It discusses both legal and equitable remedies.
For legal remedies, it covers compensatory damages, punitive damages, restitutionary remedies like money, replevin, and ejectment. For equitable remedies, it discusses constructive trusts, equitable liens, injunctions, and specific performance.
It provides rules and elements for analyzing each remedy, such as the requirements to obtain an injunction. It also compares analyzing remedies for tort versus contract claims. The document aims to equip the reader to properly approach a remedies question on an exam.
Mr. John was in a car accident caused by Zack speeding and was seriously injured. He was bedridden for 6 months and his wife quit her job to care for him. He now has a paralyzed leg and cannot work. Zack claims Mr. John's injuries would have been reduced if he wore a seatbelt. Mr. John wants compensation from Zack. Zack argues Mr. John was also negligent. Mr. John can claim compensation under tort law. His wife can also claim lost wages for quitting work. However, Zack has a valid defense of contributory negligence if Mr. John was partly at fault for not wearing a seatbelt.
This is Remedies Law in the United States. This does not inlcude statutory or constitutional remedies. It is intended for law students who are currently taking this course in law school I hope you find my outlined notes useful.
The document summarizes key concepts relating to tort law, including:
- Private wrongs do not require mens rea (intent) while public wrongs do. Private wrongs result in civil suits for damages, while public wrongs result in criminal charges for punishment.
- Torts involve wrongs against individuals or property, while crimes involve wrongs against the public. Torts involve a civil standard of proof, while crimes involve a criminal standard of proof.
- Injury refers to a legal wrong or violation of law, while damage refers to the loss or harm suffered. Injuria sine damnum allows for a remedy for a wrongful act even without damages.
Week 2 of the business law course covers the topic of torts. It defines a tort as a civil wrong or injury other than breach of contract. Torts can be classified into three main categories: intentional torts, negligence, and strict liability. Intentional torts involve willful acts that cause personal harm, such as assault, battery, and defamation. To prove negligence, one must show that the defendant had a duty, breached that duty, and caused actual damages. Strict liability imposes liability even without a finding of fault if the defendant engaged in an ultrahazardous activity. The document also discusses elements of various torts, defenses, types of damages, and how to brief a case using IRAC.
LLB LAW NOTES ON LAW OF TORTS
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This document summarizes equitable remedies available under equity law, including injunctions and specific performance. It discusses the circumstances in which these remedies may be granted or refused by courts. Equitable remedies are designed to supplement common law remedies and are granted at the court's discretion to redress wrongs. Specific performance allows a court to order a party to carry out contractual obligations, while injunctions can be prohibitory (to refrain from an act) or mandatory (to perform an act). Courts will consider factors like adequacy of damages, claimant's conduct, readiness to perform contractual obligations, and delay or acquiescence when deciding whether to grant equitable remedies.
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
Mr. John was in a car accident caused by Zack speeding and was seriously injured. He was bedridden for 6 months and his wife quit her job to care for him. He now has a paralyzed leg and cannot work. Zack claims Mr. John's injuries would have been reduced if he wore a seatbelt. Mr. John wants compensation from Zack. Zack argues Mr. John was also negligent. Mr. John can claim compensation under tort law. His wife can also claim lost wages for quitting work. However, Zack has a valid defense of contributory negligence if Mr. John was partly at fault for not wearing a seatbelt.
This is Remedies Law in the United States. This does not inlcude statutory or constitutional remedies. It is intended for law students who are currently taking this course in law school I hope you find my outlined notes useful.
The document summarizes key concepts relating to tort law, including:
- Private wrongs do not require mens rea (intent) while public wrongs do. Private wrongs result in civil suits for damages, while public wrongs result in criminal charges for punishment.
- Torts involve wrongs against individuals or property, while crimes involve wrongs against the public. Torts involve a civil standard of proof, while crimes involve a criminal standard of proof.
- Injury refers to a legal wrong or violation of law, while damage refers to the loss or harm suffered. Injuria sine damnum allows for a remedy for a wrongful act even without damages.
Week 2 of the business law course covers the topic of torts. It defines a tort as a civil wrong or injury other than breach of contract. Torts can be classified into three main categories: intentional torts, negligence, and strict liability. Intentional torts involve willful acts that cause personal harm, such as assault, battery, and defamation. To prove negligence, one must show that the defendant had a duty, breached that duty, and caused actual damages. Strict liability imposes liability even without a finding of fault if the defendant engaged in an ultrahazardous activity. The document also discusses elements of various torts, defenses, types of damages, and how to brief a case using IRAC.
LLB LAW NOTES ON LAW OF TORTS
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document summarizes equitable remedies available under equity law, including injunctions and specific performance. It discusses the circumstances in which these remedies may be granted or refused by courts. Equitable remedies are designed to supplement common law remedies and are granted at the court's discretion to redress wrongs. Specific performance allows a court to order a party to carry out contractual obligations, while injunctions can be prohibitory (to refrain from an act) or mandatory (to perform an act). Courts will consider factors like adequacy of damages, claimant's conduct, readiness to perform contractual obligations, and delay or acquiescence when deciding whether to grant equitable remedies.
Equitable remedies are granted at the court's discretion to address wrongs where legal damages are inadequate. They include specific performance, which compels performance of a contract according to its terms, and injunctions, which are court orders prohibiting or requiring an action. Specific performance ensures compliance with contract terms while injunctions restrain breaches of negative contractual obligations. Equitable remedies can be varied if facts change and are intended to provide flexible relief not available at common law.
Remedies in contract law can be divided into remedies in common law (damages) and remedies in equity (specific performance and injunctions). Damages seeks to compensate the injured party financially for losses caused by the breach, and there are various principles that govern their assessment and recovery, including causation, remoteness, mitigation, and heads of damages such as loss of bargain. Equity remedies seek to compel performance of a contract rather than provide compensation, but are subject to the court's discretion and will not be granted in all cases.
Contract of Agency and diferent types of contractsabdu_569
The document discusses various types of contracts under Indian contract law. It defines a contract of indemnity as a promise to compensate another for losses or damages. A contract of guarantee involves three parties: a principal debtor, creditor, and surety where the surety promises to fulfill the principal's obligations if they default. A contract of bailment involves the delivery of goods by a bailor to a bailee for a purpose, with an obligation for the bailee to return the goods. A contract of pledge is a type of bailment where goods are delivered as security for a debt. The document also discusses agency law and the creation, termination, duties and rights involved in an agency relationship.
Llb i bpoc u 4 specific contracts sections124 to 238Rai University
This document discusses various types of contracts including contracts of indemnity, guarantee, bailment, pledge, and agency. It provides details on the essential elements and parties involved in each type of contract. For contracts of indemnity and guarantee, it outlines the promisor, promisee, essential elements, rights and differences between the two. For bailment and pledge, it defines each term and discusses the bailor, bailee, duties, rights and types. Finally, it examines agency relationships, how agencies are formed, terminated and the duties and rights of the principal and agent.
An agent is a person authorized to act on behalf of another person called the principal. The relationship between them is called agency. An agency can be created expressly through an agreement or impliedly through actions like ratification or holding out. As an agent, one has duties to follow the principal's instructions, conduct business with care, communicate properly, and not make secret profits. The principal has duties to pay the agent and not interfere without cause. An agency terminates through completion, death, lapse of time, or revocation except if the agency is coupled with an interest of the agent.
Benjamin was injured while driving a trolley during off-duty hours in violation of his employer Jolly Trolley's policy. He is seeking workers' compensation benefits and unpaid wages. Under Georgia law, injuries are only compensable if they arise out of and in the course of employment. Precedent establishes that willful misconduct prevents recovery. As Benjamin violated company policy and traffic laws, causing the accident, his actions were willful misconduct and Jolly Trolley is not liable for his injuries or unpaid wages.
The document discusses various topics related to contracts of agency and guarantee. It defines an agent as a person employed to do acts for another or represent another in dealings with third parties. The key parties in a contract of agency are the principal and agent. It outlines the duties and rights of both the principal and agent. It also discusses special contracts, classification of agents, and the duties of the principal towards the agent and third parties. The document defines contracts of indemnity and guarantee and compares the differences between the two. It concludes with explanations of lien, lienholder, and the different types of liens.
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
An agent is a person employed to act on behalf of another person called the principal. There are various ways an agency can be created, including express agreement, implied agreement, ratification, and by necessity. An agent has duties to conduct business with reasonable care and diligence according to the principal's instructions. An agent has rights like indemnification and retaining property until paid. A principal is bound by an agent's authorized acts but can also be liable for unauthorized acts under certain conditions. An agency terminates through completion, agreement, expiration, or other events.
The document defines and discusses Mareva injunctions, which are court orders that temporarily freeze a defendant's assets before trial to prevent disposal of those assets.
Some key points:
- Mareva injunctions originated in maritime law to put commercial opponents under pressure and are now commonly used in commercial disputes.
- Courts will grant a Mareva injunction if there is a serious issue to be tried, a risk of assets being removed from jurisdiction, and a risk of assets being dissipated.
- The injunction operates in personam by prohibiting the defendant from removing assets, but also operates in rem by attaching to any effects of the defendant in the court's jurisdiction.
- The court considers factors like innocent
An agent is a person employed to act for or represent a principal in dealings with third parties. The principal is the person for whom the agent acts. Agency is the legal relationship between them. Anyone of sound mind who is legally an adult can be an agent. An agent has the authority and power to bind the principal through their acts. Agency can be created through agreement, necessity, holding out, or operation of law. The principal has rights over the agent, including the right to revoke the agent's authority or ratify their unauthorized acts. The agent has duties to the principal and rights such as a right to compensation.
Equitable remedies allow a contract to be set aside and the parties restored to their original positions. Rescission is available in equity when a contract is void ab initio, treating the contract as if it never existed. Equitable rescission aims to deliver practical justice by compensating losses rather than punishing wrongdoers, and seeks to restore parties to their pre-contract positions through remedies like indemnity and accounts of profit. However, rescission may be barred if restitution is impossible or the rights of innocent third parties would be impaired.
Tort law governs civil wrongs and injuries between private parties. It defines legal injuries and determines liability. There are three main categories of torts: intentional torts against persons or property, negligence which covers a wide scope of human activity, and strict liability torts like nuisance. Tort law has evolved over time through statutes and case law. To win a negligence claim, a plaintiff must prove duty of care, breach through failure to meet the standard of care, causation of damages, and foreseeability of damages. Defenses include no duty, no breach, no causation, and expired limitation period. Damages aim to restore the plaintiff to their original position and include general, special, and punitive damages.
This document provides an overview of contract of agency. It defines an agent and principal and discusses the essentials of a valid agency contract. It covers topics such as creation of agency through express, implied or ratified agreements. It describes different types of agents and their duties and rights. It also discusses the relationship between the principal and third parties, delegation of authority, and termination of agency. The document was submitted by 5 students to their professor at K.K. Parekh Institute of Management Studies in Amreli.
The document discusses the concept of agency in contract law. It defines agency as a relationship based on express or implied agreement where one person, the agent, acts on behalf of another, the principal. It outlines key differences between agents and servants, features of agency, types of agents based on authority and work, and ways an agency can be created, terminated, and the rights and duties of agents.
Contract of indemnity contract of guaranteeAkash Goel
An indemnity contract involves two parties, where one party (the indemnifier) promises to compensate the other (the indemnified) for losses caused by the indemnifier or a third party. A guarantee contract involves three parties, where one (the surety) guarantees to perform a promise made by a second (the principal debtor) if the second defaults, to benefit a third (the creditor). The principal debtor is primarily liable, while the surety is secondarily liable. The surety's rights include subrogation to the creditor's rights against the debtor, benefit of securities held by the creditor, and reimbursement from the debtor for amounts paid. The surety is discharged by changes to
The document discusses agency and insurance law under Indian contract law. It defines key terms like principal, agent, insurer, and insured. For agency, it covers creation of agency through express, implied, and ratification agreements. It discusses the duties of agents and circumstances for terminating agency. For insurance, it defines insurance as a risk-sharing contract between an insurer and insured where the insurer agrees to pay a sum or indemnify losses in exchange for a premium. It outlines characteristics of insurance contracts like utmost good faith and indemnity.
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
This document provides an overview of agency law and the legal framework for principal-agent relationships. It discusses how agency can be formed through contractual, quasi-contractual, or non-contractual means. The key aspects covered include the concept of agency, the different types of relationships and classes of agents, the authority of agents, and the duties and termination of agency. Agency can be created through express actual authority, implied actual authority, apparent authority, or ratified authority. The document also outlines an agent's duties to their principal and a principal's duties to indemnify their agent. Agency is terminated by agreement of both parties, by operation of law such as death or bankruptcy, or by frustration of the agency agreement.
Carl Ceder reviews Assault and Battery in Texas. This slideshow does not consitiute legal advice. For a free consultation, call 214.702.CARL(2275) or 469.2000.DWI(394). Check out http://carlceder.net
A tort is defined as a civil wrong under the law. It occurs when someone violates another person's legal rights, resulting in injury or harm. The key elements of a tort are a breach of duty owed to the plaintiff that causes damage. Torts can involve injuries to a person's body, property, reputation, or economic interests. The purpose of tort law is to compensate victims of wrongs and enforce individuals' rights in civil court through damages awards.
Remedies in contract law can be divided into remedies in common law (damages) and remedies in equity (specific performance and injunctions). Damages seeks to compensate the injured party financially for losses caused by the breach, and there are various principles that govern their assessment and recovery, including causation, remoteness, mitigation, and heads of damages such as loss of bargain. Equity remedies seek to compel performance of a contract rather than provide compensation, but are subject to the court's discretion and will not be granted in all cases.
Contract of Agency and diferent types of contractsabdu_569
The document discusses various types of contracts under Indian contract law. It defines a contract of indemnity as a promise to compensate another for losses or damages. A contract of guarantee involves three parties: a principal debtor, creditor, and surety where the surety promises to fulfill the principal's obligations if they default. A contract of bailment involves the delivery of goods by a bailor to a bailee for a purpose, with an obligation for the bailee to return the goods. A contract of pledge is a type of bailment where goods are delivered as security for a debt. The document also discusses agency law and the creation, termination, duties and rights involved in an agency relationship.
Llb i bpoc u 4 specific contracts sections124 to 238Rai University
This document discusses various types of contracts including contracts of indemnity, guarantee, bailment, pledge, and agency. It provides details on the essential elements and parties involved in each type of contract. For contracts of indemnity and guarantee, it outlines the promisor, promisee, essential elements, rights and differences between the two. For bailment and pledge, it defines each term and discusses the bailor, bailee, duties, rights and types. Finally, it examines agency relationships, how agencies are formed, terminated and the duties and rights of the principal and agent.
An agent is a person authorized to act on behalf of another person called the principal. The relationship between them is called agency. An agency can be created expressly through an agreement or impliedly through actions like ratification or holding out. As an agent, one has duties to follow the principal's instructions, conduct business with care, communicate properly, and not make secret profits. The principal has duties to pay the agent and not interfere without cause. An agency terminates through completion, death, lapse of time, or revocation except if the agency is coupled with an interest of the agent.
Benjamin was injured while driving a trolley during off-duty hours in violation of his employer Jolly Trolley's policy. He is seeking workers' compensation benefits and unpaid wages. Under Georgia law, injuries are only compensable if they arise out of and in the course of employment. Precedent establishes that willful misconduct prevents recovery. As Benjamin violated company policy and traffic laws, causing the accident, his actions were willful misconduct and Jolly Trolley is not liable for his injuries or unpaid wages.
The document discusses various topics related to contracts of agency and guarantee. It defines an agent as a person employed to do acts for another or represent another in dealings with third parties. The key parties in a contract of agency are the principal and agent. It outlines the duties and rights of both the principal and agent. It also discusses special contracts, classification of agents, and the duties of the principal towards the agent and third parties. The document defines contracts of indemnity and guarantee and compares the differences between the two. It concludes with explanations of lien, lienholder, and the different types of liens.
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
An agent is a person employed to act on behalf of another person called the principal. There are various ways an agency can be created, including express agreement, implied agreement, ratification, and by necessity. An agent has duties to conduct business with reasonable care and diligence according to the principal's instructions. An agent has rights like indemnification and retaining property until paid. A principal is bound by an agent's authorized acts but can also be liable for unauthorized acts under certain conditions. An agency terminates through completion, agreement, expiration, or other events.
The document defines and discusses Mareva injunctions, which are court orders that temporarily freeze a defendant's assets before trial to prevent disposal of those assets.
Some key points:
- Mareva injunctions originated in maritime law to put commercial opponents under pressure and are now commonly used in commercial disputes.
- Courts will grant a Mareva injunction if there is a serious issue to be tried, a risk of assets being removed from jurisdiction, and a risk of assets being dissipated.
- The injunction operates in personam by prohibiting the defendant from removing assets, but also operates in rem by attaching to any effects of the defendant in the court's jurisdiction.
- The court considers factors like innocent
An agent is a person employed to act for or represent a principal in dealings with third parties. The principal is the person for whom the agent acts. Agency is the legal relationship between them. Anyone of sound mind who is legally an adult can be an agent. An agent has the authority and power to bind the principal through their acts. Agency can be created through agreement, necessity, holding out, or operation of law. The principal has rights over the agent, including the right to revoke the agent's authority or ratify their unauthorized acts. The agent has duties to the principal and rights such as a right to compensation.
Equitable remedies allow a contract to be set aside and the parties restored to their original positions. Rescission is available in equity when a contract is void ab initio, treating the contract as if it never existed. Equitable rescission aims to deliver practical justice by compensating losses rather than punishing wrongdoers, and seeks to restore parties to their pre-contract positions through remedies like indemnity and accounts of profit. However, rescission may be barred if restitution is impossible or the rights of innocent third parties would be impaired.
Tort law governs civil wrongs and injuries between private parties. It defines legal injuries and determines liability. There are three main categories of torts: intentional torts against persons or property, negligence which covers a wide scope of human activity, and strict liability torts like nuisance. Tort law has evolved over time through statutes and case law. To win a negligence claim, a plaintiff must prove duty of care, breach through failure to meet the standard of care, causation of damages, and foreseeability of damages. Defenses include no duty, no breach, no causation, and expired limitation period. Damages aim to restore the plaintiff to their original position and include general, special, and punitive damages.
This document provides an overview of contract of agency. It defines an agent and principal and discusses the essentials of a valid agency contract. It covers topics such as creation of agency through express, implied or ratified agreements. It describes different types of agents and their duties and rights. It also discusses the relationship between the principal and third parties, delegation of authority, and termination of agency. The document was submitted by 5 students to their professor at K.K. Parekh Institute of Management Studies in Amreli.
The document discusses the concept of agency in contract law. It defines agency as a relationship based on express or implied agreement where one person, the agent, acts on behalf of another, the principal. It outlines key differences between agents and servants, features of agency, types of agents based on authority and work, and ways an agency can be created, terminated, and the rights and duties of agents.
Contract of indemnity contract of guaranteeAkash Goel
An indemnity contract involves two parties, where one party (the indemnifier) promises to compensate the other (the indemnified) for losses caused by the indemnifier or a third party. A guarantee contract involves three parties, where one (the surety) guarantees to perform a promise made by a second (the principal debtor) if the second defaults, to benefit a third (the creditor). The principal debtor is primarily liable, while the surety is secondarily liable. The surety's rights include subrogation to the creditor's rights against the debtor, benefit of securities held by the creditor, and reimbursement from the debtor for amounts paid. The surety is discharged by changes to
The document discusses agency and insurance law under Indian contract law. It defines key terms like principal, agent, insurer, and insured. For agency, it covers creation of agency through express, implied, and ratification agreements. It discusses the duties of agents and circumstances for terminating agency. For insurance, it defines insurance as a risk-sharing contract between an insurer and insured where the insurer agrees to pay a sum or indemnify losses in exchange for a premium. It outlines characteristics of insurance contracts like utmost good faith and indemnity.
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
This document provides an overview of agency law and the legal framework for principal-agent relationships. It discusses how agency can be formed through contractual, quasi-contractual, or non-contractual means. The key aspects covered include the concept of agency, the different types of relationships and classes of agents, the authority of agents, and the duties and termination of agency. Agency can be created through express actual authority, implied actual authority, apparent authority, or ratified authority. The document also outlines an agent's duties to their principal and a principal's duties to indemnify their agent. Agency is terminated by agreement of both parties, by operation of law such as death or bankruptcy, or by frustration of the agency agreement.
Carl Ceder reviews Assault and Battery in Texas. This slideshow does not consitiute legal advice. For a free consultation, call 214.702.CARL(2275) or 469.2000.DWI(394). Check out http://carlceder.net
A tort is defined as a civil wrong under the law. It occurs when someone violates another person's legal rights, resulting in injury or harm. The key elements of a tort are a breach of duty owed to the plaintiff that causes damage. Torts can involve injuries to a person's body, property, reputation, or economic interests. The purpose of tort law is to compensate victims of wrongs and enforce individuals' rights in civil court through damages awards.
The document summarizes the structure and roles of the UK Parliament. It describes Parliament as the highest legislative body in the UK, consisting of an upper house (House of Lords) and lower house (House of Commons). The House of Lords includes hereditary peers while the House of Commons is elected democratically. Both houses meet in the Palace of Westminster in London to debate and pass laws, with the government selected from Parliament.
The document discusses the legal standard of care known as the "reasonable man" and factors that can affect what is considered reasonable in different situations. It analyzes several past negligence cases to illustrate how the standard of care is determined, including considering the characteristics of the defendant and claimant, the size of the risk, precautions taken, and benefits of taking a risk. Special care may be needed for professionals, people with disabilities or illnesses, emergencies, and greater known risks.
- A duty of care arises where one individual or group undertakes an activity that could reasonably harm another physically, mentally, or economically. If this duty is breached, the duty-ower may be legally liable to compensate the victim.
- The neighbor principle establishes that a duty of care exists to take reasonable care to avoid acts that could foreseeably injure your neighbor. A neighbor is someone directly affected by your actions.
- For a duty of care to exist in negligence, there must be a sufficient relationship between the parties, the harm must have been reasonably foreseeable, and it must be fair to impose liability.
This document provides an overview of the concepts of strict and absolute liability in tort law. It discusses key cases like Rylands v Fletcher that established the rule of strict liability. It defines strict liability as liability without fault where a person is liable despite the absence of negligence. The essentials to apply the rule from Rylands v Fletcher are discussed. Exceptions to strict liability like act of God and statutory authority are also summarized. The document then discusses the evolution of absolute liability from strict liability and highlights key cases in India like M.C. Mehta v. Union of India that established the principle of absolute liability.
This document provides an introduction and overview of key topics and concepts in land law. It discusses why land law is studied and what it encompasses, including the various interests that can exist in the same piece of land. It also outlines the main sources of Hong Kong land law, such as English common law, statutes, and judicial decisions. Additionally, it examines legal concepts like estates, proprietary interests, equity and how it moderates common law, and the statutory definition of "land".
Tort (negligence) notes on negligence for tort law Justin Tay
This document outlines key concepts in establishing negligence in a legal case, including:
1. The three elements that must be proven in a negligence claim according to Caparo: foreseeability, proximity, and that it is fair, just and reasonable to impose liability.
2. Determining the standard of care, including using the reasonable person test.
3. Proving breach of the standard of care, considering factors like knowledge of risk, magnitude of risk, and practicability of precautions.
4. Establishing causation between the breach and damages, addressing intervening causes and the remoteness of damages.
The document discusses the tort of negligence. It defines negligence as a failure to take reasonable care that results in harm to another person. When bringing a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, that the duty was breached, and that the breach caused harm. Several cases are examined that deal with establishing duty of care and foreseeability of harm in negligence cases.
The British Government consists of three main parts: the House of Lords, the House of Commons, and the Queen. The House of Lords has 675 members who play an important role in reviewing legislation. The House of Commons has 650 members who are elected by constituents to represent specific districts. It is the most powerful house. General elections are held every five years so the British people can select parties to form a government led by a Prime Minister to run the country, subject to approval by the Queen.
Introduction to the_law_of_trust-_law_of_equity_trusts_probate_iStudent
The document provides an introduction to the law of trusts. It begins by discussing how trusts involve the separation of legal ownership and equitable ownership of property, with legal title vesting in the trustee and equitable title vesting in the beneficiary. It then defines trusts according to various legal sources and discusses associated terms like settlor, trustee, beneficiary, trust property. It explains how trusts separate legal and equitable ownership and the nature of a beneficiary's equitable interest. Finally, it notes trusts are distinguished from other legal relationships and concepts.
The document discusses the law of negligence and tort in Malaysia. It covers the elements of negligence including duty of care, breach of duty, and damages. It provides examples of how negligence applies in different contexts like construction projects. The document also summarizes the Highland Tower collapse case where the developer, consultant, engineer, and neighboring properties were found to have contributed to the collapse due to issues with slope stability and drainage.
The document discusses the duty of care in negligence cases. It explains that there are four key considerations for establishing a duty of care: (1) duty of care, (2) breach of duty of care, (3) causation, and (4) loss or injury. It then focuses on duty of care, outlining the traditional categories where a duty of care has been established (such as between doctors/patients). It also discusses novel cases and explains the three part test of foresight, proximity, and fairness used to determine if a duty of care exists. Specific cases are referenced to illustrate various principles around establishing duty of care.
1) Negligence requires proving duty of care, breach, and damage. Duty of care means the defendant owed a reasonable duty to the plaintiff. Breach means the defendant failed to meet the standard of care, and damage means the plaintiff suffered harm as a foreseeable result.
2) Common law established the neighbor principle - one must take reasonable care to avoid harming others who could foreseeably be injured. Later cases confirmed but limited this to consider other factors like proximity and public policy.
3) Statutes also establish duties, like occupiers owing a duty of care to visitors under the Occupiers Liability Act. This requires occupiers take reasonable care for visitor safety given the invitation and circumstances.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
This document contains a summary of the law of torts in English law. It was originally published in German on jurawelt.com in February 2004. The summary was created as part of a course on English legal language at Bielefeld University. It is not intended to be comprehensive, but rather to provide an overview of key topics in English tort law that could be covered in an exam, including negligence, defamation, occupiers' liability, nuisance, and trespass. General principles of torts such as the definition, requirements for a legal wrong, and general defenses are also discussed.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
This document discusses different types of damages in contract law, including general damages, special/specific damages, nominal damages, exemplary damages, and aggravated damages. General damages compensate for injuries like pain or inability to perform actions, while special damages require evidence of precise monetary losses. Nominal damages acknowledge a legal violation when no actual damages are proven. Exemplary damages punish exceptional breaches, and aggravated damages compensate for additional mental or psychological harm.
Performance of Contracts to students.pptxSharleeDekate
The document discusses various aspects of performance and discharge of contracts under legal principles. It covers topics such as types of performance including performance by third parties and joint promisors. It also discusses discharge of contracts through mutual performance, agreement, and breach. In cases of breach, it examines available remedies like damages, specific performance, injunctions, and quasi-contracts. Damages are further classified into compensatory, nominal, consequential, punitive, and liquidated damages versus penalties.
There are several remedies available when a contract is breached, including rescission of the contract, suits for damages, specific performance, injunction, or quantum meruit. Rescission allows the non-breaching party to terminate the contract. Suits for damages compensate for financial losses from the breach. Specific performance requires the breaching party to fulfill their contractual obligations. Injunctions prohibit parties from breaching negative terms. Quantum meruit pays for work already performed if full performance is impossible.
The aggrieved party in a breach of contract case has four remedies: 1) suit for specific performance, which asks the court to compel the breaching party to fulfill their contractual obligations; 2) suit for injunction, which seeks to prevent future breaches; 3) suit for damages to compensate for losses caused by the breach; and 4) quantum meruit, which implies a promise to pay the reasonable value of services rendered without an agreed upon price. Specific performance and injunctions are equitable remedies, while damages are legal remedies aimed at making the non-breaching party whole through monetary compensation.
Remedies for breach of contract include damages, specific performance, and restitution. Damages are monetary compensation to make the injured party whole. Specific performance is a court order requiring a breaching party to fulfill their contractual obligations. Restitution returns any unjust enrichment to the injured party.
Indemnity clauses - what they are, how they work and how to make them for youmikaelastafrace
This document discusses indemnity clauses, including what they are, how they work, and factors to consider when constructing them. Some key points:
- Indemnity clauses transfer risk contractually by having one party promise to compensate the other for certain losses or damages. They are a form of insurance provision.
- When constructing an indemnity clause, parties should carefully consider its scope, who and what risks it protects, any liability caps, insurance requirements, and triggers for when it becomes effective.
- Australian courts now take an expansive view of "consequential loss" in indemnity clauses, not limiting it to foreseeable losses as in the past. Proper risk allocation and clear wording
The document summarizes strategies for managing the property insurance appraisal process. It discusses when appraisal is appropriate, how to respond to premature demands, potential issues with unreasonable delays, and tips for selecting competent and impartial appraisers and umpires. The document also addresses managing the scope of appraisal to separate coverage issues from determining the amount of loss, and how appraisers can handle questions of causation and concurrent causes depending on the policy language and applicable law.
This document provides an overview and summary of New York law regarding bad faith claims against insurance companies. It discusses what constitutes a prima facie case of bad faith refusal to settle, including establishing gross disregard of the insured's interests and loss of an actual settlement opportunity. Factors courts consider in determining bad faith are outlined. The document also reviews key cases like Pavia v State Farm that changed the bad faith litigation landscape in New York.
Breach of contract - Legal Environment of Business - Business Law - Manu Melw...manumelwin
Parties to a lawful contract are bound to perform their respective obligations. But when one of the parties of a contract fails to perform his part of contract, he is said to have committed breach of contract.
The document summarizes key changes and developments from the Insurance Act 2015 and recent related legislation:
- The Insurance Act 2015 introduced a new duty of fair presentation, proportionate remedies for non-fraudulent non-disclosure, suspension of liability for warranty breaches until remedy, and restrictions on contracting out of statutory protections.
- Recent case law confirmed insurers cannot avoid paying valid claims arising before a fraudulent act. The Enterprise Act 2016 allows insured to claim damages for late payment.
- Key issues include determining what constitutes a "fair" presentation, when liability is suspended for warranty breaches, and potential areas insurers may seek to contract out of protections.
DISCHARGE OF A CONTRACT
DISCHARGE BY PERFORMANCE
DISCHARGE BY AGREEMENT OR CONSENT
DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE
DISCHARGE BY LAPSE OF TIME
DISCHARGE BY OPERATION OF LAW
DISHARGE BY BREACH OF CONTRACT
David Quinlan from Pinsent Masons explains the basics of contract law for sport and recreation organisations – from the Sport and the Law Conference 2014.
DiConza's slides on bankruptcy law, from NYU class, 2013.pdfChristian Olesen
The document provides an overview of corporate bankruptcy and restructuring options, including:
1) Most large companies attempt to privately restructure debt through a workout before filing for Chapter 11 bankruptcy due to the direct and indirect costs of bankruptcy.
2) Eligible entities for different bankruptcy chapters include individuals, corporations, and certain special entities like railroads and stockbrokers.
3) The main types of bankruptcy cases are liquidation under Chapter 7 and reorganization under Chapter 11, and cases can be voluntary or involuntary.
4) Key aspects of bankruptcy include the automatic stay, creation of an estate, claims process, and ability to obtain financing through use of cash collateral or debtor-in-possession financing.
This document discusses key legal principles related to insurance contracts. It covers the distribution of insurance contracts, characteristics of insurance contracts as legally binding agreements, and fundamental principles including indemnity, insurable interest, utmost good faith, and subrogation. The principles of indemnity and insurable interest help ensure the insured does not receive more compensation than their actual loss.
This document discusses breach of contract and related legal concepts. It defines breach of contract as a violation of any agreed-upon terms of a binding contract. It discusses the Hadley v. Baxendale case law, which established that damages can only be claimed for losses that were foreseeable. There are two types of breach: actual and anticipatory. The aggrieved party has several remedies for breach, including rescinding the contract, obtaining damages in different forms, seeking specific performance of the contract, or getting an injunction.
This document provides an overview and summary of key concepts related to contracts, including essential elements of a contract, express vs implied contracts, damages and remedies for breach of contract, offer and acceptance requirements, and factors that can impact the enforceability of a contract such as mistakes, fraud, undue influence and duress. Some of the main points covered include defining mutual assent, consideration, liquidated vs unliquidated debts in the context of settlements, and the requirements for an offer to be considered irrevocable or a communication to be considered a counteroffer.
June 2011 - Business Law & Order - Thomas J. CavalierAnnArborSPARK
Commercial agreements set the ground rules for how you or your business interacts with your, customers, bankers, investors, suppliers, landlord and other third parties with whom you have business dealings. Our panel of experienced attorneys will discuss the basic fundamentals of contracts, also known as commercial agreements. Attorney Joe Lorenz will talk about entering into contracts (why you need contracts and how contracts are formed). Attorney Tom Cavalier will discuss performance of the contract you enter into (what are the important terms and conditions – how do they affect you). Attorney Joe Sgroi will talk about terminating contracts (how can you get out of a bad agreement -- or obtain performance from the other party). And….of course, the entire panel will be available to answer your questions!
The document discusses remedies for breach of contract. It defines two types of breach - anticipatory and actual. For an anticipatory breach, a party demonstrates intention to break the contract before performance is due. For an actual breach, a party fails or refuses to perform when performance is due. Remedies for breach include suit for recession to cancel the contract, suit for damages to compensate for losses, suit for quantum meruit for work already performed, suit for specific performance to require performance, and suit for injunction for a court order prohibiting an action. The document provides details on when each remedy is appropriate.
Rai University provides high quality education for MSc, Law, Mechanical Engineering, BBA, MSc, Computer Science, Microbiology, Hospital Management, Health Management and IT Engineering.
The document discusses various types of retailers including specialty stores, department stores, supermarkets, convenience stores, and discount stores. It then covers marketing decisions for retailers related to target markets, product assortment, store services, pricing, promotion, and store location. The document also discusses wholesaling, including the functions of wholesalers, types of wholesalers, and marketing decisions faced by wholesalers.
This document discusses marketing channels and channel management. It defines marketing channels as sets of interdependent organizations that make a product available for use. Channels perform important functions like information gathering, stimulating purchases, negotiating prices, ordering, financing inventory, storage, and payment. Channel design considers customer expectations, objectives, constraints, alternatives that are evaluated. Channel management includes selecting, training, motivating, and evaluating channel members. Channels are dynamic and can involve vertical, horizontal, and multi-channel systems. Conflicts between channels must be managed to balance cooperation and competition.
The document discusses integrated marketing communication and its various elements. It defines integrated marketing communication as combining different communication modes like advertising, sales promotion, public relations, personal selling, and direct marketing to provide a complete communication portfolio to audiences. It also discusses the communication process and how each element of the marketing mix communicates to customers. The document provides details on the key components of an integrated marketing communication mix and how it can be used to build brand equity.
Pricing is a key element in determining the profitability and success of a business. The price must be set correctly - if too high, demand may decrease and the product may be priced out of the market, but if too low, revenue may not cover costs. Pricing strategies should consider the product lifecycle stage, costs, competitors, and demand factors. Common pricing methods include penetration pricing for new products, market skimming for premium products, value pricing based on perceived worth, and cost-plus pricing which adds a markup to costs. Price affects demand through price elasticity, with elastic demand more sensitive to price changes.
The document discusses various aspects of branding such as definitions of a brand, brand positioning, brand name selection, brand sponsorship, brand development strategies like line extensions and brand extensions, challenges in branding, importance of packaging, labeling, and universal product codes. It provides examples of well-known brands and analyzes their branding strategies. The key points covered are creating emotional value for customers, building relationships and loyalty, using brands to project aspirational lifestyles and values to command premium prices.
This document outlines the key stages in the new product development (NPD) process. It begins with generating ideas for new products, which can come from internal or external sources. Ideas are then screened using criteria like market size and development costs. Successful concepts are developed and test marketed to customers. If testing goes well, the product proceeds to commercialization with a full market launch. The NPD process helps companies focus their resources on projects most likely to be rewarding and brings new products to market more quickly. It describes common challenges in NPD like defining specifications and managing resources and timelines, and how to overcome them through planning and cross-functional involvement.
A product is an item offered for sale that can be physical or virtual. It has a life cycle and may need to be adapted over time to remain relevant. A product needs to serve a purpose, function well, and be effectively communicated to users. It also requires a name to help it stand out.
A product hierarchy has multiple levels from core needs down to specific items. These include the need, product family, class, line, type, and item or stock keeping unit.
Products go through a life cycle with stages of development, introduction, growth, maturity, and decline. Marketing strategies must adapt to each stage such as heavy promotion and price changes in introduction and maturity.
This document discusses barriers between marketing researchers and managerial decision makers. It identifies three types of barriers: behavioral, process, and organizational. Specific behavioral barriers discussed include confirmatory bias, the difficulty balancing creativity and data, and the newcomer syndrome. Process barriers include unsuccessful problem definition and research rigidity. Organizational barriers include misuse of information asymmetries. The document also discusses ethical issues in marketing research such as deceptive practices, invasion of privacy, and breaches of confidentiality.
The document discusses best practices for organizing, writing, and presenting a marketing research report. It provides guidance on structuring the report with appropriate headings, formatting the introduction and conclusion/recommendation sections, effectively utilizing visuals like tables and graphs, and tips for an ethical and impactful oral presentation of the findings. The goal is to clearly communicate the research results and insights to the client to inform their decision-making.
This document discusses marketing research and its key steps and methods. Marketing research involves collecting, analyzing and communicating information to make informed marketing decisions. There are 5 key steps in marketing research: 1) define the problem, 2) collect data, 3) analyze and interpret data, 4) reach a conclusion, 5) implement the research. Common data collection methods include interviews, surveys, observations, and experiments. The data is then analyzed using statistical techniques like frequency, percentages, and means to interpret the findings and their implications for marketing decisions.
Bdft ii, tmt, unit-iii, dyeing & types of dyeing,Rai University
Dyeing is a method of imparting color to textiles by applying dyes. There are two major types of dyes - natural dyes extracted from plants/animals/minerals and synthetic dyes made in a laboratory. Dyes can be applied at different stages of textile production from fibers to yarns to fabrics to finished garments. Common dyeing methods include stock dyeing, yarn dyeing, piece dyeing, and garment dyeing. Proper dye and method selection are needed for good colorfastness.
Bsc agri 2 pae u-4.4 publicrevenue-presentation-130208082149-phpapp02Rai University
The government requires public revenue to fund its political, social, and economic activities. There are three main sources of public revenue: tax revenue, non-tax revenue, and capital receipts. Tax revenue is collected through direct taxes like income tax, which are paid directly to the government, and indirect taxes like sales tax, where the burden can be shifted to other parties. Non-tax revenue sources include profits from public enterprises, railways, postal services, and the Reserve Bank of India. While taxes provide wide coverage and influence production, they can also reduce incentives to work and increase inequality.
Public expenditure has increasingly grown over time to fulfill three main roles: protecting society, protecting individuals, and funding public works. The growth can be attributed to several causes like increased income, welfare state ideology, effects of war, increased resources and ability to finance expenditures, inflation, and effects of democracy, socialism, and development. There are also canons that govern public spending like benefits, economy, and approval by authorities. The effects of public expenditure include impacts on consumption, production through efficiency, incentives and allocation, and distribution of resources.
Public finance involves the taxing and spending activities of government. It focuses on the microeconomic functions of government and examines taxes and spending. Government ideology can view the community or individual as most important. In the US, the federal government has more spending flexibility than states. Government spending has increased significantly as a percentage of GDP from 1929 to 2001. Major items of federal spending have shifted from defense to entitlements like Social Security and Medicare. Revenues mainly come from individual income taxes, payroll taxes, and corporate taxes at the federal level and property, sales, and income taxes at the state and local levels.
This document provides an overview of public finance. It defines public finance as the study of how governments raise money through taxes and spending, and how these activities affect the economy. It discusses why public finance is needed to provide public goods and services, redistribute wealth, and correct issues like pollution. The key aspects of public finance covered are government spending, revenue sources like income taxes, and how fiscal policy around spending and taxation can influence economic performance.
The document discusses the classical theory of inflation and how it relates to money supply. It states that inflation is defined as a rise in the overall price level in an economy. The quantity theory of money explains that inflation is primarily caused by increases in the money supply as controlled by the central bank. When the money supply grows faster than the amount of goods and services, it leads to too much money chasing too few goods and a rise in prices, or inflation. The document also notes that hyperinflation, which is a very high rate of inflation, can occur when governments print too much money to fund spending.
Bsc agri 2 pae u-3.2 introduction to macro economicsRai University
This document provides an introduction to macroeconomics. It defines macroeconomics as the study of national economies and the policies that governments use to affect economic performance. It discusses key issues macroeconomists address such as economic growth, business cycles, unemployment, inflation, international trade, and macroeconomic policies. It also outlines different macroeconomic theories including classical, Keynesian, and unified approaches.
Market structure identifies how a market is composed in terms of the number of firms, nature of products, degree of monopoly power, and barriers to entry. Markets range from perfect competition to pure monopoly based on imperfections. The level of competition affects consumer benefits and firm behavior. While models simplify reality, they provide benchmarks to analyze real world situations, where regulation may influence firm actions.
This document discusses the concept of perfect competition in economics. It defines perfect competition as a market with many small firms, identical products, free entry and exit of firms, and complete information. The document outlines the key features of perfect competition including: a large number of buyers and sellers, homogeneous products, no barriers to entry or exit, and profit maximization by firms. It also discusses the short run and long run equilibrium of a perfectly competitive firm, including cases where firms experience super normal profits, normal profits, or losses.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
2. How do you approach a remedies
essay question?
• Determine if there are legal remedies
available
• Determine if there are equitable remedies
available
• Determine if there are any equitable defenses
that may apply
3. What must you do before discussing remedies in
an essay question?
• Determine what substantive law is involved
AND
• Establish if the plaintiff has a case
4. What are the primary 2 categories of
remedies?
• Legal Remedies
• Equitable Remedies
5. In what order must remedies always
be analyzed and why?
• First look for LEGAL remedies
• Secondly, look for equitable remedies
• Reason: legal remedies must be analyzed first
because equitable remedies are not available
UNLESS the plaintiff can first show that no
adequate legal remedies were available
6. DAMAGES
• Damages are legal remedies
• Compensatory damages
• Punitive Damages
• Liquidated Damages
• Nominal Damages
• Statutory Damages
• Statutory damages are available when a statute provides for a minimum recovery
amount in the case of violation. P must prove the statute was violated and that the
violation caused the plaintiff actual harm before any recover can exist
7. RESTITUTION
• Intended to prevent the Defendants unjust
enrichment and work to disgorge the
defendant of benefits wrongfully obtained.
• Can be both Legal and Equitable
• Lets flip to the next slide to look at the legal
and Equitable remedies
8. Legal Restitution
• Remember, we want to always go for the legal
remedies first
• Thus, we look to the legal restitution:
• Money (This is not money damages, it is more like disgorging the D of benefits he
gained wrongfully)
• Replevin
• Ejectment
• Quasi Contract (unjust enrichment)
10. COERCIVE REMEDIES
• Used to force an individual to either do a
certain act or to refrain from doing a certain
act
• If they do not follow the orders give them by
the court – they are in contempt
• Coercive remedies include:
• Injunctions (torts)
• Specific Performance (Contracts)
15. Let’s break down Damages
COMPENSATORY DAMAGES
Compensatory damages are calculated on
the cost of the injury to the Plaintiff and are
Intended to compensate the plaintiff for her loss
In tort cases, we want
to put the plaintiff BACK
into the position they
were in prior to the
harm suffered (or as
close as possible)
Paulsgraph
In Contracts, we want to
put the innocent party in
the position they
WOULD BE IN if the
contract had been
fulfilled (expectation)
Hadley v. Baxendale
16. Contracts Expectation Interests
• Definition: the expectation interest provides
the non breaching party with the profits it
would have received had the contract been
performed
• Rule: Compensatory damages for breach of
contract usually are computed based on the
non breaching partys expectation interest
17. Contracts: Reliance Interest
• Definition: Reliance interest seeks to place
the non breaching party in the position it
would have been in had the contract never
been created
• Rule: Compensatory damages for breach of
contract are computed based on the reliance
interest when the non breaching party
suffered harm due to its reasonable reliance
on the contract
18. What is required to get compensatory
damages?
• D must breach a duty or contract
• The breach is the actual and proximate cause
of the harm or injury in dispute
• Harm was foreseeable at the time of the
breach
• Damages can be calculated with reasonable
certainty AND
• P made all possible mitigations
19. The “Certainty” Requirement
• Rule: Actual Damages must be certain and not speculative
• The amount need not be “absolutely certain” but they need to be able to be
approximated under reasonableness
• Example: a restaurant owner has been in business for 5 years, he has made 100k a
year in profits for those last 5 years on an average – Joe Dry Cleaner next door has
a fire that burns down Restaurant owners business. Restaurant owner can claim
that his damages were 100k because it has been reasonably certain and
established that he has made 100k a year and expected to make the same amount
this year, but for the fire.
• Another example: O just started a business which was destroyed by A when A
drove his car into the business and it blew up. O sues A for damages. **The
damages are too speculative here and O will not likely get much for actual
damages because the value of the damages cannot be ascertained.
20. How are future losses created
“All Or Nothing Rule”
Rule: To be compensated for future losses, a
plaintiff must demonstrate that the losses are
more likely than not to occur. Upon such a
showing, the plaintiff can recover in full for all
future losses stemming from the injury or
breach
21. Consequential Damages
• Consequential damages are those that arise as a natural, proximate or
probable consequence of the tortious act or breach of contract. The are
awarded distinct from and in addition to compensatory damages when it
is determined that compensatory damages will not make the plaintiff
sufficiently whole.
• BAR TIP: Be sure to differentiate between:
1) Compensatory Damages = money it will cost P to restore himself in tort
or to reach the position he would have been in if the contract had been
completed.
2) Consequential Damages = money the P has lost due to the tort or
contract breach (lost income, lost profits, discomfort, annoyance,
inconvenience etc)
22. Elements of Consequential Damages
1) The damages must arise naturally from the
tortious conduct or breach of contract, AND
2) The damages were reasonably foreseeable
23. Nominal Damages
• Definition: Nominal Damages are used to
vindicate a Plaintiffs right when (1) that right
has been violated; (2) No loss is sustained; OR
(3) the injury cannot be measured (it is too
speculative)
24. Punitive Damages
• For Torts only
• Used to punish and deter repetitive unlawful acts
• We need a “hook” to hang punitive damages on before we
can seek them.
• The hooks you can use are:
1) Compensatory Damages
2) Consequential Damages
3) Nominal Damages
You will need to establish at least one of these
to hang your punitive damages on.
25. Punitive Damages
RULE - Due Process prohibits the imposition of grossly excessive punitive
damage awards against tortfeasors. To determine if damages are grossly
excessive, courts balance:
1) The degree of reprehensibility of the conduct
2) The disparity between the harm suffered and the amount awarded, AND
3) The amount of damages commonly awarded for comparable conduct
26. Liquidated Damages
• Liquidated means the amount of damages can
be approximated, the parties have either
agreed on an amount or the amount is certain
• Unliquidated means that there is some
disagreement on the amount of damages the
amount cannot be determined
28. Contract Liquidated Damages
• Rule: Parties to a contract are generally permitted to agree on
the amount of damages for the manner in which damages will
be recovered in the event of breach by either party. A
liquidated damages clause will be upheld if:
1) The amount agreed upon is a reasonable estimate of the
amount required to compensate for the loss, AND
2) Damages were difficult to ascertain at the time of contract
formation
3) The Amount stated in the liquidated damages clause must be
compensatory in nature and not punitive.
29. Review: Legal Restitution Damages
• Definition: Legal restitution damages are
based on the value of the benefit conferred on
the defendant.
• We want to “disgorge” the money from the
defendnat
30. Review: Legal Restitution Damages -
Rule: Legal Restitutionary damages can be measured by:
1) The reasonable value of the benefit conferred, OR
2) the extent to which the Defendants property value was increased or other
interests advanced
NOTE:
1) A plaintiff cannot be awarded both compensatory AND restitutionary damages
2) Restitutionary damages are not available when the claim is only for partial
damages
BAR TIP: if the plaintiff has suffered an injury AND the defendant has received a
benefit, discuss both compensatory and restitutionary remedies but only award
the plaintiff one remedy.
31. Replevin
• Definition: Replevin is the restitutionary
remedy that allows the plaintiff to recover
possession of “personal property”
32. Replevin
RULE: Replevin is available when the Plaintiff establishes:
1) He had the legal right to the possession of the property and
2) The defendant is wrongfully withholding the property
NOTE: The plaintiff can recover the personal property before trial IF:
1) A preliminary judicial hearing is held AND
2) The plaintiff posts a bond
3) The plaintiff may also request monetary damages for the loss of use while the
property was wrongfully withheld (loss of money, rental value etc)
34. Ejectment - Rule
Rule: Ejectment is available when the plaintiff establishes:
1) She had the legal right to possession of the property, AND
2) The Defendant is wrongfully in possession of the property
3) Self Abatement is not allowed!
4) The execution of a writ of ejectment must be carried out by the sheriff.
5) Again, discuss the monetary damages as well if an ejectment issue arises
because the plaintiff may have a loss of rental value, loss of profit, etc..
35. Contracts: QUASI CONTRACT
• Definition: Quasi Contract relief may be
available if a contract fails and results in the
unjust enrichment of one of the parties.
36. Contracts: Quasi Contract Rule
Rule: Quasi contractual relief will be available when the plaintiff can show that:
1) One party has conferred a benefit on the other
2) The conferring party has a reasonable expectation of being compensated
3) Benefits were conferred at the express or implied request of the other person
AND
4) Unjust enrichment would result if the D was allowed to retain the benefits
37. Equitable Remedies
Constructive Trust:
Definition: A constructive trust is an equitable restitutionary remedy used to return
legal title to property in which the defendant has improperly acquired the title to
the proper owner
Rule: a court may create a constructive trust over the property and declare the
defendant as trustee with the sole duty being to return the legal title to the
rightful owner. A constructive trust is generally available only if a legal remedy
would be inadequate
Note: If the defendant has transferred title to the plaintiffs property to a third person,
a constructive trust can still be imposed over the property unless the transferee
was a bona fide purchaser
38. Equitable Lien
Definition: An equitable lien is an equitable restitutionary remedy used to reimburse
the plaintiff for a benefit conferred on the Defendants property, or a benefit
gained by the defendant through improper taking of use of the plaintiffs property
Rule: A court may provide the plaintiff with a security interest in property owned by
the defendant to reimburse the plaintiff for a benefit conferred on the Defendant.
An equitable lien is generally available only if a legal remedy would be inadequate.
(D is insolvent - Bankruptcy issues)
Note: Since this is a security interest, P may foreclose the lien by forcing a sale of the
property and applying the proceeds to the payment of the claim if the defendant
does not pay.
Note: The purpose of this is to provide P with a security interest in D’s property. We
want to do this when D has a potential of filing for bankruptcy and getting out of
paying his debts all together. When D tries to sell, liquidate or file for bankruptcy P
will be paid the amount of the debt or part of it based on the actions of D.
39. Tort – Mandatory Injunction
• Definition: A mandatory injunction is a court
order that compels a party to perform an
affirmative act
• Example: the court orders joe criminal to pick up trash along the highways
for one week
40. Tort – prohibitory injunction
• AKA – negative injunction
• A court order to prevent or stop the D from
doing an act
41. Tort Injunctive Relief
Definition: Injunctive relief is an equitable coercive
remedy in which the D is ordered to engage in or
refrain from doing a specific act.
• Injunctions are enforceable through the courts
contempt power
• Two types of injunctions
1) Temporary restraining order (TRO)
2) Permanent Injunctive relief
42. Tort: Temporary Restraining Order
Definition: a TRO is used pending a hearing to determine whether a temporary injunction should
be used
Rule: To obtain a TRO the P must show that:
1) Immediate and irreparable injury will occur without the order
2) No adequate remedy at law exists
3) The plaintiff is likely to succeed on the merits of the case
4) Issuance of the order will not cause substantial harm to the public AND
5) The harm to the plaintiff if the TRO is denied outweighs the harm to the defendant if
granted (balancing of hardships)
Notes:
1) A hearing for a TRO can proceed ex parte
2) TRO is limited to 10 days
3) P must provide notice to D or make a good effort
4) P must usually post a bond
43. Tort - Temporary Injunction
• A temporary injunction is issued at the
beginning of litigation and is intended to
prevent irreparable harm from occurring
before the merits of a suit are decided
• This can also be called a preliminary injunction
so that you don’t confuse it with a tro.
44. Tort – Temporary Injunction/preliminary
Rule: To obtain a Temporary injunction the P must show that:
1) Immediate and irreparable injury will occur without the order
2) No adequate remedy at law exists
3) The plaintiff is likely to succeed on the merits of the case
4) Issuance of the order will not cause substantial harm to the public AND
5) The harm to the plaintiff if the TRO is denied outweighs the harm to the defendant if
granted (balancing of hardships)
Notes:
1) Adversarial hearings are required
2) One issued a temporary injunction is in place throughout the trial
3) Cannot exceed 3 years
4) P must post a bond
45. How do courts balance hardships of the restraining orders?
• Courts often balance out the hardships on what is called a “SLIDING SCALE”
• The showing of hardships required by the party seeking the injunction is inversely related to
the strength on the merits of that party’s claims.
• In other words: the plaintiffs hardship MUST strongly outweigh the hardship of the
defendant.
See the next slide for an example
46. Balancing example
For example, think of this case scenario: In 1980 P moves into the housing complex, purchases a home knowing that Joe Blast is
the towns mining company and the major source of employment for the town. P also knows that occasionally, there is some
blasting going on for mining purposes. P lives in the community for 5 years when P becomes crippled from a non related
accident and is advised by the doctor to put in a swimming pool for therapy. P does this and in the year 2000 Joe Blast
shoots off some explosives, P suddenly has cracks in his pool and sues Joe Blast for damages because his property value
went down and he cannot use his pool.
1. Is there a prima facie case?
2. What are the damages?
3. What are the remedies?
We balance the hardships by assessing “Nuisance”, Conversion, Trespass to chattel to look for damages and establish the prima
facie case. Then we look to remedies and try to see what can be recovered, HOWEVER In this process, we need to view this
like the court would view it:
1. Burden to P
damage to pool
Public Nuisance
Can’t do his therapy as required by the doctor
property damage and devaluation
2. Burden to Joe Blast
1. He is the main source of employment in the town
2. P knew about the blasting and moved into the Nuisance
3. P waited until the 11th hour to make a complaint when the blasting never affected him before
4. The damage to the public would be much greater if Joe Blast was shut down than it would if they kept him open
47. TORT- permanent injunction
• A permanent injunction is issued after a full
hearing on the merits (or upon consent or
default of the opposing authority), and is
intended to permanently prohibit an act from
occurring or to compel an act be carried out
until a dispute is resolved.
48. Tort: Permanent Injunction
Rule: To obtain a permanent injunction, the P must demonstrate:
1) No adequate remedy at law exists
2) The plaintiffs property or protectable interest is at stake
3) Enforcement of the injunction is feasible AND
4) The harm to the plaintiff if the injunction is denied outweighs the harm
to the defendant if the injunction is granted
49. property right
• Traditionally: equity would grant relief only
when a property right was involved (meaning
real property)
• Modernly: equity will grant relief when ANY
protectable interest is at stake
personal property or real property
50. Tort: Feasibility
• How is the feasibility of enforcing a mandatory
injunction determined?
Answer: By
• The difficulties inherent in court supervision over the D’s actions AND
• Court concerns with ensuring the D’s compliance with the order
• Ask yourself, “could a court really do that?” Would a Negative injunction be better??
• Most courts favor a negative injunction because it is easier to enforce.
51. TORT: Feasibility part 2
• How is the feasibility of enforcing a
prohibitory injunction determined
Answer: when a plaintiff seeks negative injunctive relief, no enforcement problem
exists- in fact the courts favor this type of injunction.
The courts would rather STOP someone from doing something than to have to
somehow monitor the quality of work performance, supervise and document the
defendants act. Really the court has no way of knowing if a person is really doing
something or not…they have less control over it and thus, would rather put a
“stop” to something than to have something done –
Does this makes sense???
52. Tort: Balancing of hardship
• How does the court balance hardships when
determining whether to grant an injunction?
(notice we are not specifying the type of
injunction here)
See the next slide please
53. ANSWER
Rule: the courts will balance the hardship the plaintiff will suffer if the
injunction is not issued against the hardship the defendant will endure if
the injunction is issued. In balancing the hardships, courts will consider:
1) The disparity between the potential hardship suffered by each party
from the issuance/non –issuance of the injunction
2) The hardship to the public caused by the injunctions, AND
3) The defendants level of culpability
54. TORT: What must be included in a court
order for injunction or TRO ?
1) Order must state the reason for the injunction or TRO’s
issuance
2) Be specific in its terms
3) Describe in reasonable detail the act ordered to be
restrained
55. Tort: Who is bound by an injunction?
Parties in privity
Employees and agents of the parties acting
with notice of the order, AND
Third parties acting with notice of the order
56. Tort: How are injunctions enforced
Rule: Injunctions are enforced through the
courts power of contempt
Civil contempt = fining the party and or
imprisonment until the party complies
Criminal Contempt = fining the party and or
imprisoning the party
57. Alternatives to an injunction
Legal Remedies!!!
**REMEMBER TO ALWAYS USE YOUR LEGAL
REMEDIES FIRST**************
1) Money Damages
2) Replevin
3) Ejectment
58. Tort: When are money damages
inadequate?
• When they are too speculative
• When the defendant is insolvent
• When the act has only been threatened
• Irreparable injury will occur OR
• Unique property is at stake
59. Tort: when will replevin be
inadequate?
• When the property cannot be found or
indentified OR
• When the defendant destroys or threatens to
destroy chattel
60. TORT: when will ejectment be
inadequate??
• Rule: ejectment is inadequate if the sheriff
refuses to enforce an ejectment order
61. Contracts: RESCISSION
• Definition: an equitable remedy through which
the original contract is voided and rescinded
• Basically both parties agree to dump the
contract and get rid of it – it no longer exists and
no party is bound to it
62. Contract Rescission part 2
– Rule: A contract may be rescinded if the requesting party can prove:
1) Mistake
a) Mutual Mistake as to a material fact = Rescission is usually granted
b) As to a collateral fact = Rescission is usually denied
c) Unilateral Mistake = usually denied
A) Exception = if the non mistaken person knows or should have known of the
mistake, Rescission will likely be granted
1) Misrepresentation – granted if the plaintiff relied on the misrepresentation
2) Coercion
3) Undue influence
4) Lack of capacity
5) Failure of consideration
6) Illegality
63. Contract Reformation
• Definition: Reformation is an equitable
remedy through which the court alters a
written agreement between parties to
conform to the parties original understanding
• You may know this from contracts as “Blue
Penciling”
64. Contract Reformation
• Rule: a contract may be reformed if the
plaintiff can establish:
1) A valid contract exists
2) Grounds for reformation exist:
a. Mutual mistake
b. Unilateral mistake ONLY where the non
mistaken party KNOWS of the mistake
65. Contract Specific Performance
• Definition: specific performance is an
equitable coercive remedy through which the
court requires the parties to perform
according to the terms of a contract
66. Contracts Specific Performance part 2
RULE: P must prove:
1) The contract is valid
2) Contract terms must be certain and definite
3) The requesting party has performed according to the
contractual conditions
4) No legal remedy is available
5) Mutuality of remedy
67. Mutuality of Remedy - contracts
• Definition: The mutuality of remedy refers to the availability of the
requested remedy to both parties of the contract
• Rule: To be granted specific performance, the requesting party must
demonstrate that the remedy it is requesting would be available to the
opposing party
69. References
• Regha surya rao- Law of Tort
• Ratan Lal & Dhiraj Law-The Law of Torts (1997) Universal, Delhi
law book
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