Remedies

Remedies

Course Description

Parties generally do not sue (or seek arbitration) just to have the court declare they were right.  They seek some form of relief.  Remedies studies the different forms that relief may take.   In other words, Remedies is concerned with the “bottom line” of a lawsuit.  Remedies also addresses the litigation strategy that complainants may, or should, pursue in attaining that relief.

Any relief necessarily must relate to the interest protected by the underlying claim on which a party sues.  Those claims are based in contract, tort, unjust enrichment, or breach of fiduciary duty.  The study of Remedies therefore, will show the relationship between the different claims and possible relief.  Thus, studying Remedies allows you to connect the substantive theories you have studied (e.g. contracts and torts and those theories based on contracts and torts) with different forms of relief.  Unlike your substantive courses, which concentrated on the substantive theories, Remedies focuses on the possible relief with substantive theories as the backdrop. Remedies is a good course to view the “forest”, that is, all the trees that go to make up civil litigation.

The different types of relief covered by the course include: Damages, Restitution, and Equitable Remedies of Injunction, Specific Performance, Constructive Trust, Accounting, and Equitable Lien.  While reviewing these remedies, we will concentrate on which is the preferable remedy, considering the harm that the plaintiff has suffered.