Category: Remedies
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Remedies Outline Attack Sheet for the California Bar Exam
Remedies Tort Remedies DAMAGES Compensatory Damages: Plaintiff is entitled to compensatory damages to put her in the position she would have been had the wrong not occurred. Must show: Causation: “But for…” Foreseeability: The injury must been foreseeable at the time of the tortuous act Certainty: The damages cannot be too speculative. Applies to economic…
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Remedies Outline for the California Bar Exam
Generally GeneralApproach Determine area of substantive law. (may be more than one) Usually torts, property or contracts. Make sure plaintiff has a case and a relief is needed. Determine appropriate remedies (based on available remedies for that substantive area of law). Discuss legal remedies first Discuss restitutionary remedies Legal remedies Equitable remedies Discuss pure equitable…