The Law of Remedies Bob obtained Carters i

The Law of Remedies § Bob obtained Carter’s i. Phone via fraud. § § How does Carter right this wrong (without resorting to criminal law)? The law of remedies is relevant here. § § The law of torts tells us that this is an intentional wrong. Remedies do not determine whether a law/right was violated. Rather, , remedies are the means by which substantive rights are given their effect. This class involves the law of remedies. § Don’t focus on substantive law issues (i. e. , was there a violation) but on what remedies are available for that assumed violation.

Classification of Available Remedies Compensatory Remedies - e. g. damages § § Compensate for P’s loss Substitutionary/Legal Coercive Remedies – e. g. , Injunctions § § Force D to do or refrain from doing something Specific/Equitable Declaratory Remedies – e. g. , declaratory judgments Restitutionary Remedies – e. g. , rescission, constructive trust § § Force D to disgorge unjust gain Both specific/subsitutionary & legal/equitable Punitive Remedies - e. g. punitive damages § § Punish/Deter behavior Legal Ancillary Remedies - e. g. contempt, garnishment, execution § Aid in the enforcement of other remedies

Note Possible Remedies or Combinations of Remedies Available to Carter § Some may depend on nature of Bob’s conduct or theory on which Carter sues § Some may depend on practical concerns § Often different remedies will get Carter to the same place but in different ways, so special concerns of the client may matter. Or sometimes different remedies can matter a lot re P’s recovery.