Remedies

Plaintiff must take reasonable steps to mitigate losses

If P is compensated for losses by a source independent of D(such as insurance), D's liability is not reduced by this amount.

• Those damages inherent with the injury. 
• Pain and suffering

• Incidental to the injury
• Loss wages, economic losses and medial bills

• Market value at time/place of destruction
• less salvage
• plus interest computed from time of valuation

Regain possession

Recover D's gains

• Diminished value, or cost of repair (special measure-actual cost). 
• Difference between before and after
• Must give both on exam and award whichever is less

A sum of money may be awarded by the court to punish the defendant for willful, wanton or malicious conduct

• If D used P property to get title to another item of property
• P can have a constructive trust on the newly acquired property. 

**P is entitle to any appreciation value.

If D uses P's property to improve property which D already owns, P may have an equitable lien on D's property. 

*No interest to appreciation of the property

• Rule in Claytons Case: “first in, first out”
• Rule in Halletts Case: Wrongdoer uses his own money first, timing of deposits is not determinative.
• Restatement or Modern Rule: D is not conscious or bad faith wrongdoer, P can have an equitable lien over the lowest intermediate balance in the account and on property traceable from account funds.

P's Constructive Trust or Equitable Lien is limited ot the lowest intermediate balance in the account

• An injunction is a personal order issued by a court of equity whereby the court orders a defendant to do or to refrain from doing certain conduct. 
• Elements: TAEIPHTH

• The type of injunction that an equity court will issue depends on whether or not it believes the plaintiff is faced with a serious emergency. 
• The court may issue a TRO in an emergency situation. 
• Otherwise, it may wait until after preliminary injunction or permanent injunction hearing before issues the order.

• A temporary restraining order is an emergency order
• by an equity court
• mandating that a defendant do or no do something

• The purpose of a TRO is to presevere the status quo pending the issuance or denial of a preliminary injunction. 
• The plaintiff must prove that he will suffer irreparable harm if the TRO is not granted.

• The equity court may issue the TRO exparte (with out notive to the other party)
• if P can establish by affidavit that he attempted to give D notive of the hearing. 
• TRO's remain in effect for up to 10 days, the courts may extend the order for an additional 10 days on a showing of good cause. 
• P is required to post a bond to cover any losses the defendant may suffer if the court later rules in defendants favor.

• Equitable remedy designed to preserve the status qui pending a trial on the merits of the plaintiffs claim. 
• Diff between Prelim inj and TRO=D given notice of opportunity to be hear prior to being issued
• Elements of prelim injunction: irreparable harm, likelihood of success on the merits, balance of hardships in his faovr and granting the order will be in the publics interest

Goods are unique, land is unique, unique will prove that there is not adequate remedy at law.

Court can enforce its order because D is in the jurisdiction and it has IN PERSONAM jurisdiction over him/her

Irreparable harm is serious harm for which money damages are not adequate compensation

• At common law, equity courts used injunctive relief to protect property rights only. 
• Modernly, the use injunctions to protect personal rights as well.

• Where there is no evidence of bad faith on the part of the defendant, the court will balance the hardships of parties when deciding whether to issues an injunction. 
• The court will compare the hardships the plaintiff will sustain if the injunction is not granted against the hardship defendant will suffer if the injunction issues.

• Where a plaintiff has unreasonable delayed seeking equitable relief and the delay results in prejudice to the defendant
• the doctrine of laches provides that the court may deny the injunction

• Unclean hands is a defense which may prevent a plaintiff form obtaining specific performance. 
• An equity court will deny specific performance when the plaintiff has acted in an inequitable way with respect to a matter that is directly related to the parties dispute.

Assumpsit is a restitution remedy used to prevent unjust enrichment by defendant.

• The protects a party's expectancy interest in a contract by allowing a damages suit for breach of contract. 
• The expectancy is usually measured by comparing the contract price of a good to the reasonable price of a good to the reasonable price of a replacement good in the marketplace. A court will award the non-breaching party the difference between these two figures to protect the innocent parties benefit of the bargain.

• HADLEY v. BAXENDALE
• P may recover damages within the contemplation of the parties at the time contract was made. 
• Foreceeable, reasonably certain and unavoidable

Fair approximation of the anticipated harm cause by the breach

When general and special damages are inapplicable, P may recover under reliance damages which is the cost incurred by P's reliance on the contract

• Equitable remedy whereby the equity court orders the breaching party to perform the contract
• If D ignores court order, the nonbreaching party can seek civil contempt sanction to enforce judgement. 
• Court will review the validity of K as to sufficiency of consideration when determining the appropriateness of SP. 

Elements: Contract, Adequacy of legal remedy/Enforceability/Mutuality/Conditions/Defenses/Equitable Conversion

• At common law, the remedy of specific performance had to be available to both parties.
• Modernly mutuality of performance will suffice.

Under UCC, where good have been 'specially identifies" under a contract and the buyer is unable to cover by purchasing other goods, buyer has a right to replevy the goods in sellers possession even through title to those goods have not yet passed.