Examples & Explanations: Remedies / Edition 1

Examples & Explanations: Remedies / Edition 1

by Richard L. Hasen
Pub. Date:
Wolters Kluwer Law & Business


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Examples & Explanations: Remedies / Edition 1

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

Product Details

ISBN-13: 9780735562134
Publisher: Wolters Kluwer Law & Business
Publication date: 04/28/2007
Series: Examples & Explanations Series
Edition description: Older Edition
Pages: 439
Product dimensions: 7.00(w) x 9.90(h) x 1.10(d)

Table of Contents

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

Part I. Compensatory Damages

• Introduction to Damages: Show Me the Money
• Tort Damages
• Contract Damages
• The Unusual: Expectancy Damages in Tort and Reliance Damages in Contract
• Assuring the Rightful Position: A Look at Certainty, Mitigation, Offsetting Benefits, and the Collateral Source Rule

Part II. Equitable Remedies

• Injunctions and Other Equitable Remedies: Stop Me Before I Harm (Again)!
• Advanced Topics in Injunctions
• Preliminary Injunctions and Other Preliminary Relief
• Enforcing the Injunction: The Power of Contempt

Part III. Restitution

• No Gain, No Pain: Restitution and the Unjust Enrichment Principle
• Unjust Enrichment: Measuring Ill-Gotten Gains and Apportioning Profits
• Advanced Topics in Restitution: Constructive Trusts, Equitable Liens, and Other Restitutionary Remedies
• Rescission and Reformation

Part IV. Other Important Remedies Concepts

• Dishing It Out: Punitive Damages and Their Constitutional Limits
• Declaratory Judgments and Related Remedies
• More Ancillary Remedies
• Remedial Defenses
• Putting It All Together: Taking a Remedies Exam

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