Examples & Explanations for Remedies

388 Pages·2017·4.134 MB·English

by  Richard L Hasen

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EDITORIAL ADVISORS
Rachel E. Barkow
Segal Family Professor of Regulatory Law and Policy
Faculty Director, Center on the Administration of Criminal Law
New York University School of Law
Erwin Chemerinsky
Dean and Distinguished Professor of Law
Raymond Pryke Professor of First Amendment Law
University of California, Irvine School of Law
Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Peter and Kirsten Bedford Senior Fellow
The Hoover Institution
Senior Lecturer in Law
The University of Chicago
Ronald J. Gilson
Charles J. Meyers Professor of Law and Business
Stanford University
Marc and Eva Stern Professor of Law and Business
Columbia Law School
James E. Krier
Earl Warren DeLano Professor of Law
The University of Michigan Law School
Tracey L. Meares
Walton Hale Hamilton Professor of Law
Director, The Justice Collaboratory
Yale Law School
Richard K. Neumann, Jr.
Professor of Law
Maurice A. Deane School of Law at Hofstra University
Robert H. Sitkoff
John L. Gray Professor of Law
Harvard Law School
David Alan Sklansky
Stanley Morrison Professor of Law
Stanford Law School
Faculty Co-Director
Stanford Criminal Justice Center
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eISBN 978-1-4548-9256-4

Library of Congress Cataloging-in-Publication Data

Names: Hasen, Richard L., author.
Title: Remedies / Richard L. Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine School of Law.
Description: Fourth edition. | New York : Wolters Kluwer Law & Business, [2017] | Series: Examples & explanations | Includes
bibliographical references and index.
Identifiers: LCCN 2017025391 | eISBN 9781454892564
Subjects: LCSH: Remedies (Law)—United States—Outlines, syllabi, etc. | LCGFT: Study guides.
Classification: LCC KF9010.H37 2017 | DDC 347.73/77—dc23
LC record available at https://lccn.loc.gov/2017025391
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To Deborah, Shana, and Jared
With love, for a bright future
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Summary of Contents
Contents
Acknowledgments
How to Use This Book

Chapter 1 Read This Chapter First: Why Remedies? What Remedies?

PART I. COMPENSATORY DAMAGES
Chapter 2 Introduction to Damages: Show Me the Money
Chapter 3 Tort Damages
Chapter 4 Contract Damages
Chapter 5 The Unusual: Expectancy Damages in Tort and Reliance Damages in Contract
Chapter 6 Ensuring the Rightful Position: A Look at Certainty, Mitigation, Offsetting Benefits, and the Collateral Source Rule

PART II. EQUITABLE REMEDIES
Chapter 7 Injunctions and Other Equitable Remedies: Stop Me Before I Harm (Again)!
Chapter 8 Advanced Topics in Injunctions
Chapter 9 Preliminary Injunctions
and Other Preliminary Relief
Chapter 10 Enforcing the Injunction:
The Power of Contempt

PART III. RESTITUTION
Chapter 11 No Gain, No Pain: Restitution and the Unjust Enrichment Principle
Chapter 12 Unjust Enrichment: Measuring Ill-Gotten Gains and Apportioning Profits
Chapter 13 Advanced Topics in Restitution: Constructive Trusts, Equitable Liens, and Other Restitutionary Remedies
Chapter 14 Rescission and Reformation

PART IV. OTHER IMPORTANT REMEDIES CONCEPTS
Chapter 15 Dishing It Out: Punitive Damages and Their Constitutional Limits
Chapter 16 Declaratory Judgments and Related Remedies
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Chapter 17 Help! I Need Somebody: Ancillary Remedies
Chapter 18 Remedial Defenses
Chapter 19 Putting It All Together: Taking a Remedies Exam

Table of Cases
Table of Books and Articles Cited
Table of Statutes, Restatement Sections,
and Uniform Commercial Code (UCC) Provisions
Index
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Contents
Acknowledgments
How to Use This Book

Chapter 1 Read This Chapter First: Why Remedies? What Remedies?
1.1 Why Should a Law Student Care About Remedies?
1.2 Why Should a Lawyer Care About Remedies?
1.3 Remedies as the Lawyer’s Toolbox
1.4 The Categories of Remedies
PART I. COMPENSATORY DAMAGES
Chapter 2 Introduction to Damages: Show Me the Money
2.1 Compensatory Damages as Substitutionary Relief
2.2 Compensatory Damages and the Rightful Position Standard
2.3 Valuing Compensatory Damages
2.3.1 Damages in a Well-Functioning Market
2.3.2 Damages Without a Well-Functioning Market
2.4 Nominal Damages
2.5 Time and the Value of Money
2.5.1 Prejudgment and Postjudgment Interest
2.5.2 Present Value
Chapter 3 Tort Damages
3.1 Introduction to Tort Damages
3.2 Pain and Suffering, Emotional Distress, and Other “Noneconomic” Damages
3.3 Special Rules for Wrongful Death, Survivor, and Loss of Consortium Actions
3.3.1 Wrongful Death
3.3.2 Survival of Personal Injury Actions
3.3.3 Loss of Consortium Claims
3.4 Presumed Damages (Defamation)
3.5 Other Limits on Tort Damages: Proximate Cause and the Economic Harm Rule
Chapter 4 Contract Damages
4.1 Introduction to Contract Damages: Expectancy Versus Reliance
4.2 The Theory of Efficient Breach
4.3 Consequential Damages
4.4 Liquidated Damages and Other Contractual Limitations on Remedies
4.5 Contract Damage Issues Under Article 2 of the Uniform Commercial Code
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