Study Remedies with expertly written law school outlines available in Full, Cram, and Bar exam formats.
Remedies is the cross-cutting course that asks a single question — what does the law actually give the plaintiff? — across every substantive area. Our Remedies outlines cover legal and equitable relief for breaches of contract, torts, and property disputes. Legal remedies are addressed first: compensatory damages (expectation versus reliance in contract, the tort measure returning the plaintiff to the position before the wrong), consequential damages (Hadley v. Baxendale foreseeability in contract, the proximate-cause limit in tort), incidental damages, nominal damages, and punitive damages (State Farm v. Campbell reprehensibility factors, single-digit ratio guidance, and the BMW v. Gore due process limits). Mitigation of damages and the collateral source rule are covered. Equitable remedies are the heart of the course: injunctive relief, including the four-factor test for preliminary injunctions under Winter v. NRDC (likelihood of success, irreparable harm, balance of equities, public interest) and the eBay factors for permanent injunctions; specific performance in contract (unique goods under UCC §2-716, real estate's presumption of uniqueness, and the personal-service exception); and declaratory relief. Restitution is treated in detail — unjust enrichment, quasi-contract, constructive trust, equitable lien, subrogation, and the election of remedies between damages and restitution. Rescission and reformation (with the grounds of mutual mistake, unilateral mistake with knowledge, fraud, and duress) are covered. You will also see the inadequacy-of-legal-remedy requirement, the defenses of laches and unclean hands, and the balance-of-hardships analysis. Available in Full, Cram, and Bar formats. Connects to Contracts, Torts, Real Property, and Civil Procedure (Rule 65). Search terms: expectation damages, specific performance, Hadley v. Baxendale, constructive trust, preliminary injunction four factors, punitive damages due process, unjust enrichment.