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The Law of Remedies Bob obtained Carter’s iPhone via fraud.

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Presentation on theme: "The Law of Remedies Bob obtained Carter’s iPhone via fraud."— Presentation transcript:

1 The Law of Remedies Bob obtained Carter’s iPhone via fraud.
The law of torts tells us that this is an intentional wrong. How does Carter right this wrong (without resorting to criminal law)? The law of remedies is relevant here. Remedies do not determine whether a law/right was violated. Rather,, remedies are the means by which substantive rights are given their effect. This class involves the law of remedies. Don’t focus on substantive law issues (i.e., was there a violation) but on what remedies are available for that assumed violation.

2 Classification of Available Remedies
Compensatory Remedies - e.g. damages Compensate for P’s loss Substitutionary/Legal Coercive Remedies – e.g., Injunctions Force D to do or refrain from doing something Specific/Equitable Declaratory Remedies – e.g., declaratory judgments Restitutionary Remedies – e.g., rescission, constructive trust Force D to disgorge unjust gain Both specific/subsitutionary & legal/equitable Punitive Remedies - e.g. punitive damages Punish/Deter behavior Legal Ancillary Remedies - e.g. contempt, garnishment, execution Aid in the enforcement of other remedies

3 Note Possible Remedies or Combinations of Remedies Available to Carter
Some may depend on nature of Bob’s conduct or theory on which Carter sues Some may depend on practical concerns Often different remedies will get Carter to the same place but in different ways, so special concerns of the client may matter. Or sometimes different remedies can matter a lot re P’s recovery.


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