Legal
Equitable
Both
RELIEF Compensatory (causation, foreseeability, certainty, unavoidability) Money Damages Tort v. Contract (Fraud) Direct v. Consequential How to Value Taxes Pre and Post Judgment Interest Present Value Limitations Party Specified Mitigate/Offset Liability Cutoff/Economic Harm Principle Public Policy Reparative Injunction or Specific Performance Ripeness (Remedial and Constitutional) Substantive Violation Irreparable Injury Special or Unique item Propensity to repeat harm Hard to prove damages (split in jurisdiction) Limited by Cap Insolvent D Scope Mootness Balancing Test (Including hardship on court aka. Feasibility) Public Policy Quasi-Contract Trover Replevin Ejectment Preventative TRO Imminent and Irreparable Injury and Notice Component How long do they last (with/without notice) Prelim-Inj Preventative Injunction Declatory Judgement Ripeness and Substantive Case Uniform Decl. Jud. Act Restitution Replevin Ejectment Quasi-Contract Accounting for Profits Gross v. Net Variable v. Fixed Costs Constructive Trust Wrongful Act and Identifiable Property
Equitable Lien Rescission (Fraud, Mistake, Duress) Must be within reasonable time Reformation (valid antecedent agreement, and not accurately reflected in writing) Punitive (fraud, oppression, malice) Grimshaw (Reprehensibility, Wealth of D, Ratio, and Amount needed to Deter) BMW (Reprehensibility, Ratio, Civil and Crim Penalties Available) Ancillary Contempt Criminal Compensatory Civil Coercive Civil Collection Writ of Execution Actual Possession v. Assertion Must Execute for Proper Purpose Garnishment Attachment Likelihood of Disposing Intent to Defraud Attorney’s Fees Statute Contract Bad-Faith Litigation Fee-Shifting Agreement DEFENSES Unclean Hands and In Pari Delicto Plaintiff is equally or more at fault and Public Policy Unconscionability Substantive and Procedural (Continuum) Estoppel Act Injury Reliance Knowledge (split in jurisdictions) Waiver Laches Unreasonable Delay Settlement Talks Ignorant of CofA Sitting on Rights Law Firm Delay Prejudice to D Reliance Loss of Evidence Value Change SOL Continuing Harm v. Continuing Violation When Does Statute Begin? Fraudulent Concealment