Karo- Remedies- Essay Notes

Debbie is the owner

Scenic views- desirable
Properties $100k – with the views
Properties without the views $75k
(expectancy damages)- this potentially will involve a property with a view/without a view.

Debbie lives in one home and ten months ago entered into a contract- Contract issue
10months ago- Equitable defense- Laches and legal defense statute of limitations (why would
they say 10 months ago when they gave us)

-When fraud/misrep- compensatory damages

Debbie induced patty-

P paid Debbie sum of $100k for the property- How much would Patty pay if she had no view?
$75k so 25k less

Debbie installed on her property a giant wall blocked Patty’s view of nearby lake-
Misrepresentation, potential injunctions, breach of contract,
Within ONE DAY- INENT that even at the time of the contract she must have known
Laches (one day after the sale triggers 2 issues-

Demanded the wall to be removed- injunction

Patty learned that Debbi;s property immediately went up in value to $150k

Scenic view-

Specific performance is not an available remedy BECAUSE the contract happened and the
parties performed!!!! Buyer paid and the seller gave him the property
Specific performance- MUST be a unique items (ALL pieces of property on planet earth is
unique regardless of where its located and how similar it is)
(Opera singer- cant force the singer sing for you- violation of 13 th Amendment/involuntary
servitude) (General contractor- this is against 13th Am you are forcing me to come do work-
normally courts will find that because this doesn’t call for personal service any Subcontractor
would do it therefore the court will still grant specific contractor)
(Michael Angelo scrulture- ONLY THIS PERSON CAN DO IT AND NO ONE ELSE CAN DO IT- ITS
AGAINST 13TH AM cant force them)
The key is can anyone do this work or does this individual can do it
Debbie was enriched by doing something wrong- unjust enrichment
Constructive trust- but wont work here
Equitable lien

Everything defendant does something that gains out of it

Constructive turst- is when the defendant owns the entire title was unjust enrichment
Because of defendant’s wrongdoing (stole it or cheated ) if they already owned title but unjustly
took from the plaintiff and added value that’s an equitable lien- on the part that the defendant
was unjustly enriched. Cant take the whole thing. Because he already owned 100% that was not
taken from the plaintiff. If it’s the whole thing its constructive trust, if its part of it its equitable
lien

Seller said I will never block your view but later she did.
The property went from 100k to 75k – this can be viewed as consequential damages $25k
(alternitvelay if the court finds it not expectancy its consequential)
Although it was not contemplated in the agreement its foreseeable and natural consequence of
defendant’s breach because its an elements of consequential damages
As a consequence of defendants conduct the value went thought
Additionally, this was foreseeable at the formation of the contract because P bought the lake
house with a view which indicates that the scenic view was a factor to the price and losing the
scenic view would decrease the value of the house.
D will argue that the decrease in value of the property is speculative. There could be other
reasons why P’s property value decreased.

“Extremely upset”- pain and suffering

+ hedonic damages
She lost enjoyment of looking at the scenic view

Enhancement of Damages
Punitive Damages

TRO- P will argue that she is so distressed that she cannot wait until preliminary injunction.