Examples and Explanations for Remedies

A favorite classroom prep tool of successful students that is often recommended by professors, the**Examples & Explanations**(E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.**Key Features**A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm's treatment of the economic harm rule A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets A new discussion of emotional distress damages for breach of contract A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders) A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution A new section on opportunistic breach of contract in Restitution, including the Supreme Court's recent endorsement of the section in a 2015 case A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Key Features A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm's treatment of the economic harm rule A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets A new discussion of emotional distress damages for breach of contract A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders) A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution A new section on opportunistic breach of contract in Restitution, including the Supreme Court's recent endorsement of the section in a 2015 case A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question "[This book features]: a new discussion of the draft restatement of the law torts (third): liability for economic harm's treatment of the economic harm rule; a new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets; a new discussion of emotional distress damages for breach of contract; a new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders); a new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations; a new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and restatement (third) of restitution; a new section on opportunistic breach of contract in restitution, including the Supreme Court's recent endorsement of the section in a 2015 case; and a new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question."-- Provided by publisher Read This Chapter First : Why Remedies? What Remedies? -- Introduction To Damages : Show Me The Money -- Tort Damages -- Contract Damages -- The Unusual : Expectancy Damages In Tort And Reliance Damages In Contract -- Ensuring The Rightful Position: A Look At Certainty, Mitigation, Offsetting Benefits, And The Collateral Source Rule -- 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 -- 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 -- Dishing It Out : Punitive Damages And Their Constitutional Limits -- Declaratory Judgments And Related Remedies -- Help! I Need Somebody: Ancillary Remedies -- Remedial Defenses -- Putting It All Together : Taking A Remedies Exam. Richard L. Hasen, Chancellor's Professor Of Law And Political Science, University Of California, Irvine School Of Law. Includes Bibliographical References (pages 467-469) And Index.