Remedies / Edition 2

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More About This Textbook

Overview

Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to complement any major remedies casebook and build student comprehension in a carefully constructed, step-by-step approach. It explains remedies policies and rules, and uses examples to show how lawyers and judges apply the rules to formulate concrete solutions to disputes.

Offering a logical and guided format, this valuable supplemental source for your students:

• covers the areas included in most remedies courses, including damages, injunctions, and restitution, as well as other important topics such as declaratory judgments, punitive damages, and remedial defenses
• builds student understanding step-by-step, moving from the basics to the more complex and allowing students to apply the law to particular fact patterns
• allows students to study chapters in any order
• demystifies the language of remedies using straightforward and student-friendly examples, charts, and illustrations
• shows students how to "do the math" related to issues such as computing compensatory damages, present value, and constructive trusts
• offers compatibility with all major remedies books, including those that approach remedies through public law and those that approach it through private law
• remains the only book in the field to provide both black letter law and examples and answers to build student knowledge; the level of complexity builds as examples continue in each chapter
• discusses major remedies cases (Hadley v. Baxendale; State Farm v. Campbell; Sullivan v. O'Connor), provides detailed coverage of the draft Restatement (Third) of Restitution, and gives detailed analyses of remedies issues under Article 2 of the Uniform Commercial Code

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Product Details

  • ISBN-13: 9780735584617
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/15/2010
  • Series: Examples & Explanations Series
  • Edition number: 2
  • Pages: 472
  • Product dimensions: 7.00 (w) x 9.90 (h) x 1.10 (d)

Table of Contents

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. Assuring 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 Chapter 13 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
Chapter 17. Help! I Need Somebody: Ancillary Remedies
Chapter 18. Remedial Defenses
Chapter 19. Putting it All Together: Taking a Remedies Exam

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