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com/doc/45930672/Case-Summaries Page 3 of 25 .Case Summaries 4/27/12 3:15 PM http://www.scribd.
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White 1. however. must be sufficient to support an award of damages. F: The father of seven-year-old Healy П was awarded damages for future medical and education expenses to be incurred because of a car accident caused by White Δ.Healy v. iii.scribd.Debus v.Case Summaries 4/27/12 3:15 PM 14 2. R: A plaintiff may recover compensatory damages for loss of future earning capacity if he produces competent evidence suggesting that his injuries have narrowed the range of economic opportunities available to him.com/doc/45930672/Case-Summaries Page 15 of 25 . 2. Grand Union Stores of Vermont 1. F: Debus П sued Grand Union Stores of Vermont Δ when a http://www. iv. R: A damage award for future expenses is valid if supported by sufficient evidence. The evidence.
Damages for Inquiries Resulting in Death i. Inc. 15 steel. 1. ii.Evra Corp. a longshoreman. his wife Moragne П. Inc. v. it subcontracted with Sprang П for the delivery of steel for its construction needs. 1. v. Certainty i.’s bid was accepted for the construction of a highway.Sprang Industries. F: When Torrington Construction Co.026. 1. 2.Case Summaries 4/27/12 3:15 PM 1. the Boston Symphony Orchestra canceled her scheduled performance at the BSO. 2. F: Debus П sued Grand Union Stores of Vermont Δ when a pallet of boxes full of cans of pet food fell on top of her. Foreseeability i. R: An action lies under general maritime law for death caused by violation of maritime duties. Yankee products Co. F: Evra П sued Swiss Bank Δ for consequential damages caused by the Bank’s Δ failure to electronically transfer funds upon Evra’s П request. Dupont’s П husband suffered permanent disability from being run over by a loader.scribd. Torrington sued for damages caused by Sprang’s П delay in performance. was killed while working aboard a vessel. Dupont П was awarded $1. d. R: A party may not recover consequential damages when such were consequences of the defendant’s negligence which were avoidable by the plaintiff.** http://www. Moragne v. R: A wife in a loss of consortium action may not recover damages for might recover in hissupport or savings which the husband the tangible loss of own right. Swiss Bank Corp. The Aetna Casualty and Surety Co. LIMITATIONS ON COMPENSATORY DAMAGES a. Redgrave v. R: Per diem damage arguments to the jury are allowed and are not overly prejudicial if they are made under the ordinary supervision and control of the trial court. Inc. 2. Mrs. forcing Torrington to perform the work itself. Sprang’s П subcontractor delayed in unloading the XI.. F: After protests arose over Vanessa Redgraves support of the Palestine Liberation Organization. iii.White Construction Co. b. Cannon v. v. F: After Mrs. filed a wrongful death action against States Marine Lines. Boston Symphony Orchestra 1. 2.000 in damages for loss of consortium. F: After Moragne.com/doc/45930672/Case-Summaries Page 16 of 25 . 2. v. R: A professional performer may receive consequential damages if she proves with sufficient evidence that a breach of contract proximately caused the loss of identifiable professional opportunities. Dupont 1. States Marine Lines. Δ the vessel’s owner. Inc.
2. under the same or similar circumstances. Cannon v..Youst v.scribd. injuries from a source wholly independent of the tortfeasor. of 19 ii. Wal-Mart Stores Inc. Southern California Rapid Transit Dist. 1. the other party cannot continue to perform and recover damages based 16 on full performance. Twentieth Century-Fox Film Corporation 1. 1.** ii. R: Mitigation of damage instructions do not need to be given when a plaintiff cannot afford the recommended treatment which would have mitigated the damages or when it would not have been reasonable for the plaintiff to employ damages. F: Garcia П sued Wal-Mart Δ for injuries she sustained after being knocked over by a cart. F: Shortly after awarding Lutten П a contract to construct a bridge. such payment should not be deducted from the damages which he would otherwise collect from the http://www. Avoidable Consequences i. R: Where an employer offers different or inferior substitute employment to a wrongfully discharged employee. Helfend v. iii. Rockingham County v. it offered her a starring role under essentially the same terms in a “western” to be filmed in Australia. F: Lobermeier П sustained a ruptured eardrum while talking on GTE’s Δ telephone as a result of a lightninginduced electrical charge. An injured party is obligated to exercise that care usually exercised by a person of ordinary intelligence and 16 prudence.com/doc/45930672/Case-Summaries Page 17 of 25 .Garcia v. F: Helfend П claimed damages for personal injuries 2. 2.Lobermeier v. suffered in the collision of an RTD Δ compensation for his R: If an injured party receives some bus with his auto. do her job in an attempt to mitigate economic another to iv. General Telephone Company of Wisconsin 1. the County Δ canceled the contract. Collateral Source Rule i. Inc.Parker v. when deciding to seek or to forego medical treatment. Yankee products Co. 2. d.Case Summaries 4/27/12 3:15 PM i. and Wal-Mart Δ appealed based on the district court’s failure to include language on mitigation of damages in instructions to the jury. F: After Twentieth Century-Fox Δ failed to honor its agreement to Parker П to star her in a locally produced musical. Luten Bridge Co. 1. Longo** c. R: After an absolute repudiation or refusal to perform a contract by one party to a contract. the employee retains the right to reject the offer without having the possible earnings of the offered substitute employment charged against him in mitigation charges. 2.
Kelner П. R: An attorney discharged without cause may recover in http://www. 2. ii. F: Rosenberg П contended he could recover in quantum meruit for his work as Levin’s Δ attorney. Inc. F: After Alder П invented a three-dimensional motion picture device known as a polyscope.Kelner v. 610 Lincoln Road. 2. R: Restitution based on quasi-contract is available if services were rendered pursuant to an expectation of compensation therefore. 17 iii. R: the collateral source rule is applicable to derivative claims of parents for gratuitous medical services provided to their minor children. R: The plaintiff seeking restitution may return any consideration he has received in order to receive restitution. an attorney. Benefits Acquired by Agreement or Mistake i. who subsequently leased a portion of the same premises to another party.Case Summaries 4/27/12 3:15 PM XII. R: An attorney’s recovery is not limited to quantum meruit where the attorney is employed on a contingency fee basis and discharged by his client without cause. R: The measure of damages under the doctrine of unjust enrichment is the net benefit received by the defendant. Prezioso 1. 1. ii.Cross v. F: Mrs. was retained on a contingency fee basis to recover insurance proceeds for the jewels. Pyeatte v. 2.Hueper v. 2. П leased an office building from Prezioso Δ.Rosenberg v.** iii. Levin 1. which was subsidized by her.Monarch Accounting Supplies.scribd. Goodrich 1. the damages which he would otherwise collect from the tortfeasor. Alder v. F: After 610 Lincoln Road’s Δ jewels were stolen in a burglary. Pyeatte 1.com/doc/45930672/Case-Summaries Page 18 of 25 . Inc. F: Hueper П sued Goodrich Δ to recover medical expenses gratuitously rendered to his minor son. Pyeatte Δ was responsible in restitution for the value of his education. Berg Lumber Co. he contracted with Drudis П to finance the development of the device. Pyeatte П contended that Mr. Drudis 1. v. 2. who injured in a car accident. b. as such recovery was not limited by the amount called for in their employment contract after Rosenberg П was discharged without cause. RESTITUTIONARY REMEDIES a. The Unjust Enrichment Concept i. ii. F: Monarch Accounting Supplies Inc. 2.
F: Reeth Δ was sued for the value of various goods for which he did not pay but counterclaimed. 2. sought to recover the value of securities which were inadvertently registered in Showronek’s Δ name and delivered to Showronek Δ who. a defrauded individual may recover the defrauding individual’s unjust enrichment in quasi-contract.scribd. H. Coca Cola Bottling Corp. the tort is waived and the action is treated as a sale. v.Case Summaries 4/27/12 3:15 PM 2. 2. in a case of conversion. R: By waiving the tort and suing in assumpsit. Δ failed to return certain cylinders owned by Russell Taylor’s Fire Prevention Service. a broker is R: Under and made a substantial profit. as a deterrent. as well as exemplary damages where appropriate. 1. Inc. Cohu & Stetson. Showronek 1. sold the 2. Δ used Olwell’s П egg washing machine without the owner’s permission or knowledge in order to make up for a manpower shortage during World War II. Russell Taylor’s Fire Prevention Service Inc. Nye & Nissen Co. iv. v. Inc. Cohu & Stetson. 18 iii.Felder v. R: The appropriate statute of limitations for timely filing of a claim upon an alleged breach of implied contract of sale is the four-year period set forth in the California Commercial Code §2725(1). 1.Winslow. F: Winslow. Inc. converted it to his own use. R: An attorney discharged without cause may recover in quantum meruit only the maximum fee called for in his contract. Taggart 1. through no wrongdoing. П. securitiesthe doctrine of unjust enrichment. F: When Coca Cola Bottling Corp. c. F: A real estate broker falsely purporting to represent a seller failed to submit a buyer’s offer but instead purchased the land for himself at a lower price and immediately resold it at a substantial profit to the buyer. Waiver of Tort and Suit in Assumpsit i. Taylor П sued Coca Cola Δ for the cylinders or their value.Olwell v. realizing a substantial profit. v. alleging that Felder П wrongfully took possession of his hydraulic plant. Reeth 1.Ward v. entitled to a constructive trust of the sale proceeds of stock mistakenly delivered to a client who innocently sells the stock. even though more than three years had expired since Coca Cola’s Δ failure to return Taylor’s П property on demand. П brokers. ii. R: Where. http://www. the measure of damages is the market value of the property upon resale by the wrongdoer. and sold it. F: Nye & Nissen Co. 2.com/doc/45930672/Case-Summaries Page 19 of 25 .
R: If an insured. e. R: If the wrongdoer is consciously tortious in acquiring a benefit at the expense of the injured party. 2. d. F: Contrary to the terms of the separation agreement. 2. the County of Cook П sought an accounting of the amounts received by Barrett plus a constructive trust on behalf of county citizens. Constructive Trust i.Brandinnocent beneficiaries through a constructive trust. Frederick Sidmonds failed to maintain a life insurance policy with his first wife. F: Brand П sued for the imposition of a constructive trust upon Jets season tickets as he had Donnenfeld Δ refused to distribute the tickets as he had promised he would prior to gaining control over the tickets. Lipton 1. Stauffer Δ for $1 at the insistence of Mrs. ii. iii.scribd. Stauffer Δ. v. Stauffer П agreed to transfer their joint property of land and house to Mrs.Stauffer v.Simonds v.com/doc/45930672/Case-Summaries Page 20 of 25 . Stauffer 1. 2. a former client. he is liable for what the injured has lost and is deprived of any profit he may have gained. Equitable Liens http://www. Barrett 1. F: When the facts of his adulterous relationship became known to his wife. R: Even in the absence of a confidential relationship. and the 19 transfer of the tickets was made in reliance on that promise which was subsequently breached. followed by replacement with new insurance.Case Summaries 4/27/12 3:15 PM War II. Simonds 1. equity will consider the obligee as a beneficiary and will prevent unjust enrichment of other iv. F: Alleging that Barrett Δ. to administer the tickets. 2. County of Cook v. Mary Sidmonds П as the beneficiary while Frederick’s second wife Δ and daughter Δ were innocent beneficiaries of other policies. a repentant spouse is entitled to reconveyance of property through the remedy of a constructive trust where the other spouse is unjustly enriched because of undue influence. R: A constructive trust and an accounting are appropriate equitable remedies to elicit detailed information regarding alleged bribes received by an elected official and to recover such funds by a government body that is the elected official’s employer. has a contractual obligation to designate a particular person as beneficiary. 2. Mr. upon lapse or cancellation of insurance. R: A motion to dismiss an action for a constructive trust upon tickets will be denied if a party agrees to act as constructive trustee. received bribes during his tenure as Clerk.
the original owner of that money is entitled to share proportionately in the proceeds of the policy. R: Where a portion of the premiums of a life insurance policy is paid with wrongfully acquired money. XIII. R: A promise to repay a loan without a present intent to do so constitutes a fraud and allows for imposition of a constructive trust. who refused repayment.Robinson v. Earl Δ and Alice Δ. using a portion of these funds to pay premiums on a life insurance policy. F: Middlebrooks П sought imposition of a constructive trust on the proceeds of a loan she made to the Lonases Δ. Equitable Liens i. 2. Lonas 1. ii. F: Ann Robinson П. Robinson 1. and the trial court imposed a constructive trust on the insurance proceeds.com/doc/45930672/Case-Summaries Page 21 of 25 .Case Summaries 4/27/12 3:15 PM e. G & M Motor Company v. on which Ann П and Wylie Δ had made improvements. F: Thompson Δ embezzled money from G & M П. Leave a Comment You must be logged in to leave a comment. Middlebrook v. divorcing Wylie Robinson Δ. Thompson 1. Tracing i. 2. his employer. asserted rights in property belonging to Wylie’s Δ parents. Submit http://www. 2. LIMITATIONS ON RESTITUTIONARY REMEDIES a. R: One permitting another to make improvements on his property is liable for the value thereof.scribd.
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