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Lecture Notes Textbook Notes April 1 Legal Studies 1101 Lecture Notes I Judicial Remedies a Remedies at law Most cases settled with money b Non monetary remedies equitable remedies i This concept came from the courts of ancient England ii Allows the court to produce a different non monetary remedy where the remedy deemed by the law would be unfair c Types of Judicial Remedies i Law 1 Compensatory a Most common given to an injured person party b Pain and suffering included in compensatory damages c Special damages awarded when a breach occurs must be unavoidable and or unforeseeable circumstances d Suttle v Landstar Inway Inc page 301 a Awarded to punish a person party for doing wrong and to set an example of what others should not do b Highly unpredictable considered by jury c Whitney Houston v The New York Post Co Inc 2 Punitive or exemplary page 302 3 Nominal a When a wrong has been committed but no injuries were sustained from the wrongdoing b A small sum indicating a wrong doing but usually not punishable otherwise c ESPN Inc v Office of the Commissioner of Baseball page 304 4 Liquidated a Agreed upon before in a contract and awarded at time of wrongdoing b Used when it can be foreseen difficult to prove that damages should be awarded c Warsaw convention Limits the amount of compensatory damages you can recover in personal injury actions against an airline when traveling internationally see page 306 problem seven d Mary Martin v Trans World Airlines Inc page 307 ii Equity 1 Injunction a An equitable order issuing someone to do something or to refrain from doing something b Once issued by the court this is mandatory injunction or a prohibitory injunction c Permanent Injunction i Final resolution of a dispute after hearing ii all the facts of the issue at hand In granting permanent injunction the court evaluates 1 Adequacy of a remedy given by the law 2 Enforceability of the resolution 3 Compare hardship of the two parties involved d Preliminary Injunction i Granted in the event of an emergency before a hearing can take place e TRO 2 Reformation 3 Restitution i An injunction granted without notice to the defendant a A valid contract fails to show the true intent of each party because of ambiguity or a mistake in language a Restitution is designed to prevent one from unfairly profiting at the other party s expense b Often the defendant will have to return everything to the status quo and the wrongdoer must provide monetary damages to return any profits made from the unfairness of the situation c Thomas Mitchell v William Moore page 313 4 Declaratory Judgment a The purpose of this is to stabilize an uncertain or debated jural relationship with respect to present or prospective obligations b Gianni Sport LTD v Metallica page 317 5 Specific Performance a A remedy for a breach of contract used when monetary damages are not adequate to make the wronged party whole again b Montanile v Botticelli page 318 6 Recession a Ex you can rescind a voidable contract i A voidable contract is one made through misrepresentation duress fraud undue influence or impossibility ii The party will have what is rightfully theirs returned to them iii The court must decide whether or not a breach of contract was willful and material Jeffrey Stambovsky v Helen Ackley page 316 iv

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TEMPLE LGLS 1101 - Lecture notes

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