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Contracts Big Picture

TORTS REMEDIES
HARM / TAKING OF PROPERTY HARM TO PERSONAL INTERESTS
MONEY CHATTELS REALTY PERSONAL DIGNITARY ECONOMIC
GENERALLY Conversion Trespass to Chattels
Trespass
Waste
Nuisance
Contracts Big Picture
Encroachment
False Imprisonment
Assault IIED
Defamation & Fraud Business Torts
Unjust Enrichment Conversion Interference or Destruction Battery Negligence Invasion of Privacy Misuse of Legal Process

Money Damages Damages Damages Damages Damages Damages


Interference General measure: lost value Public figure: Must Fraud: Actual damages
Compensatory Compensatory
Damages Lost value or repair Trespass prove malice, then required. Conseq. OK &

L General & Special


To recover her cost + loss of use Simple: Nominal: No injury. General: Non-economic: presumed. (Punis OK) punis w/ malice. May get

R
1. Causal Trespass + severance: lost Pain & suffering, loss of Priv person/ pub benefit of bargain meas.
damages in a suit Destruction enjoyment of life, anguish.
E 2. Foreseeable value or conversion measure concern: must prove Business Torts:
for conversion, π Value at time, less
3. Certain Trespass + damage: cost of Inducing breach: damage
E
must show that Special: Economic: Med. neglig. Actual req'd.
4. Unavoidable salvage, plus interest repair or removal, or rent value proximately caused.
expenses, lost earnings. Priv/priv: No fault
G Punitive
identifiable
Dispossession Ouster: Mesne damages. Future loss still lump sum. necess. Presumed Interference w/ advan:

S
money was taken.
Conversion damages Encroachment: Continuing: damages. Punis avail. Probably too speculative.
Willful, wanton, malicious Dead π: Survival statutes
A Nominal: No actual injury
Forced sale; Malice: puni rental value. Perm: sale value.
for heirs, or wrongful death.
Invasion: Emotional Trade libel: Spec. req'd.

T
anguish. No spec. req. Misuse: Actual req'd.

L Replevin & Ejectment


Legal remedies for
Quasi-K Self-Help
Reasonable force
Ejectment
Legal remedy for ouster; Not available. Not available.
Fraud: Rescission &
Restitution (see contracts) I
T
actual repossession If Δ unjustly to recapture chattel Coupled w/ mesne damages Inducing breach:
No benefit to No benefit to
enriched by Restitution is rarely used.
Quasi-Contract Replevin Quasi-Contract defendant. defendant.
Interference w/ advan:
misappropriation
If tort gave Δ benefit
Restitution money
of π's money Quasi-K
Severance: value as severed,
or if Δ willful, improved value
Benefit def. obtained.
U
T
E Constructive Trust Constructive Trust
Constructive Trust

I
If thief obtains title Not available. Fraud: Constructive
If specific $ traceable Generally not
& sells property Not available.
Q
Δ must reconvey title applicable because Δ No benefit to trust may be imposed on
No benefit to property gained by fraud.
Equitable Lien defendant.
O
Equitable Lien Equitable Lien does not have title defendant.

U Lien on Δ's Property If funds commingled If thief uses proceeds


or $ not source of title to improve her prop.
N
I Injunctive Relief Injunctive Relief Defamation
A
T Permanent, Temp., TRO
Mandatory
Injunction
Trespass Rare,, as it would be

Legal remedy inadequate Generally not Simple: To avoid multip. prior restraint of free
R
A applicable. If chattel unique so suits. speech. However,
1. Speculative damages Rarely sought. Rare.
Severance: OK: Land unique. declaratory relief may be
Y
Equitable damages & replevin
2. Multiple suits danger Damage: Δ must repair Injury has the best protection of
are inadequate
B 3. Irreparable injury restitutionary
Ouster: NO: Ejectment adeq. already occurred. the interest involved.
4. Prospective tort remedies cover it.
Encroachment: Land unique, Invasion of Privacy
L
5. Replevin or Ejectment
damages inadeq., ejectment Effective for continuing
difficult to enforce
impract. Willful = no balance wrong. Damages inadeq:

E
Balance the hardships Nuisance: $ inadeq. May not speculative & repetition.
Equitable defenses apply balance hardships if intentional
Waste: OK to stop voluntary.
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