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Cards In This Set
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What are the 5 categories of Remedies?
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1. Compensatory
2. Preventative
3. Restitutionary
4. Punitive
5. Ancillary
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Define Compensatory Remedies?
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1. Designed to Compensate Plaintiff for harm they suffered 2. meant to put the Plaintiff in the same place as if he had not been wronged
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Define Preventative Remedies?
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Designed to prevent harm before it happens so that the issue of compensation never arises.
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Define Resitutionary Remedies?
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Designed to restore to Plaintiff all that the Defendant has gained at plaintiffs expense.
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Define Punative Remedies?
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Designed to punish the wrongdoer
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Defined Ancillary Remedies?
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Designed to aid other remedies, an example is award of attnys fees
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What are the two types of preventative Remedies?
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Coercive- Injunction
Declaratory- judge just says what rights everyone has but doesnt order defendant to do anything
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What are the four substitutioinary Remedies?
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1. Compensatory damages
2. Attny's Fee
3. Resitution of the money value of Defendants gain
4. Punitive Damages
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What is the goal of substitutionary Remedies?
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Plaintiff suffered harm so they should recieve a sum of money to make them right
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What is the goal of specific remedies?
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Seek to avoid the exchange of money as a remedy
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What are four examples of Specific Remedies?
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1. Injunctions
2. Specific Preformance of a K
3. Restitution of specific property
4. Resitution of a sprcifc sum of money
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What is the difference between legal remedies and equitable remedies?
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Legal remedies- damages
Equitable remedies- injunction and specific preformance
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What is Hatahley's Rule on compensatory damages?
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The funamental principle of damages is to restore the injured party as nearly as possible to the position he would have been in but for the wrong.
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What are Four methods for determing value for remedies?
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1. price quotation in active market.
2. Estimates by Experts
3. Testimoney by injured owner
4. Replacement cost
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For remedies in property disputes when is the value measured?
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The value is measured at the time of the wrong in property disputes
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