Remedies

Part I of this lesson is designed to explain why certain types of damage awards must be adjusted to their "present value," and to demonstrate precisely how those adjustments are actually calculated. Part II of this lesson addresses the related concept of adjusting future pecuniary damage awards to account for the potential effects of future economic inflation. 

When a preliminary or temporary injunction has been entered against a defendant, and the defendant believes that injunction is wrongfully issued, he has three choices in resisting the injunction: disobey and risk contempt; move to modify or terminate; or appeal.

This exercise helps you to learn how to characterize a remedy as legal or equitable. This is a significant characterization, as many important substantive and procedural rights can turn on this characterization. This lesson is probably best studied in conjunction with a course in Equity or Remedies, though one can use the lesson for independent self study of the topic. You may want to study the CALI lessons History of Equity and Equitable Remedies - An Overview first. By the end of this lesson, you should be able to identify the characteristics of equity.

This is the first in a series of lessons on the topic of "Compensatory Damages." It is designed as an "Introduction" to the overall concept of "compensatory damages" as well as to the key terminologies that are typically associated with these types of damages. For beginning law students, this Lesson should be completed first, before proceeding to any other Lessons that address more complex damages issues, as it contains a thorough presentation of the various terminologies and concepts that are unique to this specialized area of the law.

This lesson provides an overview of both criminal and civil contempt. It includes both direct and indirect contempt, as well as compensatory civil contempt and coercive civil contempt. It covers the differences among these types of contempt in their function and procedures and explores why it is important to distinguish among them.

This lesson covers the basic and specific measures of damages recoverable for tortious injuries to the interest in use and enjoyment of personal property. Students will be acquainted with conceptual and pragmatic problems of valuing the interest in use and enjoyment of personal property.

This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.

This lesson covers basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.

The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.

This lesson deals with basic principles and measures of damages recoverable for harms to real property. The analysis to which students will be acquainted examines the harms in the context of three categories of interests to be protected by the law of damages. Those categories, which are separately treated in the lesson, are exclusive possession, physical integrity and use and enjoyment.

This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.

This lesson covers the general principles and basic measures governing the remedy of damages for personal injuries. It explores issues and problems that confront a person seeking the damages remedy to address tortiously-inflicted physical harm.

This lesson examines remedial options in defamation litigation. Included within the scope of this lesson are the remedies of injunctions and damages. These remedies are examined from both a common law and constitutional perspective. This lesson is designed for students who have studied this material in class and wish to refine and develop their knowledge.

This lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.

When an employer breaches an employment contract, the employee might seek any of several different types of remedies. In general, it will be difficult (if not impossible) for the employee to obtain injunctive relief against the employer. As a result, most of the litigation focuses on damages and the level of recovery that an employee might obtain against a breaching employer. This lesson focuses on the employee damage remedy, and is intended for students who have studied these issues in class and wish to refine their knowledge.

This lesson deals with issues related to an employer's damage remedies for breach of an employment contract. As we shall see, employers might be able to claim various types of remedies depending on the circumstances and context. This lesson is intended for students who have studied these issues in class and wish to expand and refine their knowledge.

This lesson covers the defense of laches to an equitable action. Students will learn when the defense applies, the elements necessary to establish the defense, and how courts consider the defense. Students will also learn to distinguish laches from the related defenses of Estoppel and the Statute of Limitations.

In this lesson, we examine the concept of equitable discretion and gain insight into equitable precedent on the subject. This lesson was designed for use by students who have completed study of this topic in their basic remedies class, and want to further refine and expand their understanding of the concept.

This lesson will cover the remedy known as the Accounting for Profits. Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. Consequently, this lesson is designed to provide basic coverage of this remedial option. Another lesson, "Equitable Protection of Restitution: The Constructive Trust and Equitable Lien" is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.

This lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.

This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.

This exercise is intended for students who have studied this issue in class, and wish to refine and apply what they have learned. It includes several essay questions, along with their model answers.

This lesson serves as background and foundation for other lessons on damages for harms to personal property. It deals with general principles and basic measures of damages recoverable for harms to personal property.