REMEDIES - REMEDIES Remedies solution to the problems 2...

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REMEDIES Remedies – solution to the problems. 2 civil areas we not cover are remedies in Family law and probate. Mortgage melt down how one closes on mortgage in CA. we have declining market w/ pp put no equity down for property so big problem b/c property not worth as much. If property not suff in value to repay debt is problem, and in CA huge issue. A lot of protection for consumers in foreclosure policy. CA has precise statutes in this area. It’s a remedies area big time. Damages: Not all remedies are equitable (money). Pp talk about coercive remedies, injunctions, orders for specific performance. Then there’s restitution (give back what u took), so combo of two. Finally have declaratory remedies, court say breach not occur yet, or has occurred but u have declaration of state of affairs between parties even thought not necessary monetary or adjunction. Right to Jury Trial: U can have litigation where there are legal issues right to jury present as well as request for equitable relief. Ex: Infringement issue. Personal Property and Real Property Damages Damages represent the monetary side of remedies the legal side as opposed to equitable side. Compensatory damage – is the umbrella for everything other than punitive damages. Ex: special damages and general damages. Compensatory – goal is to put the P back in position of where P was before the tort took place, its restorative. Goal to put P back where they were before problem came. Punitive damages – go beyond the compensation they are deterrent to bad conduct in certain circumstances and not avoidable in many claims for relief: K and negligence cases. Not available except in intentional torts therefore in punitive damages we look at nature of state of mind of tortfeasor . Punitive damages are monetary side. What happens to person who caused the injury depends on their state of mind. Monetary damage sense all else is under compensatory umbrella. Some terms fall under it exist in med malpractice or some are K specific, etc… When we talk about damages there really 2 aspects: 1. What kind of damage available given wrongful conduct? 2. Once establish damage available how do u measure them? If we determine someone should be compensated how do we determine the $ amount. B. Harm to REAL PRPOPERTY Miller v. Cudahy Co. Page 468 Whether the statute of limitations makes this time bar. Whether the injuries sustained are permanent or temporary in nature 1
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Fact: due to insufficient rainfall farmers Rice country are unable to grow corn w/o irrigating their land. appellees alleged that b/c of the salt pollution of the aquifer, they are unable to irrigate & therefore can grow only dryland crops such as wheat and milo, which don’t produce the revenues generated by corn crops. Court concluded that appellee showing was insufficient to categorize the Am Salt operation as a
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REMEDIES - REMEDIES Remedies solution to the problems 2...

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