The American Legal System- Chapter 7

Rule of mitigation

A person who is injured must use whatever means are reasonable to avoid or minimize damages.

Harper v. Poway Unifed School District

Tyler Chase Harper attended a school that had conflict over the issue of sexual orientation. Gay straight alliance, day of silence the first year they had it so the next year the second one. Chase wore a T-shirt that had disapproving stuff about gay marriage on the front and back. Teacher asked him to remove it and would'nt so sent him the principals office for violating the dress code. Chase was told he had to remove his shirt to go back to class but he refused so he never went back to class and did homework in the office all day. But was not punished on his record in any way. Chases files a suit in federal court claiming that the school had violated his 1st amendment right to freedom of speech and religion protected by the Equal Protection and Due Process clause and the California Civil Code. District court dimisses all claims besides 1st ammendment. Chase appeals the denial of his preliminary injuction to the U.S Court of Appeals. In order for a district court to grant a preliminary injuction however there needs to be a combination of probale succeess of harm and that serious questions are raised about possibility of hardships. Appelate court has to decied wether the court employed the appropriate legal standards governing the issuance of a preliminary injunction and wether the district court correctly apprehened the law with respect to the underlying issues in the case. You do not lose your freedoms from the consitution and the school gates but you do not have as many freedoms as a normal adult to allow for affective learning environment. Three areas of speech: 1. vulgar 2. school sponsored 3. all other speech. Use the tinker case as precedence. State vs. Student. Could be regulated that would impinge upon the rights of other students and prohibit student speech that would result in substantial disruption of or material interference with school activities. Conclude that him wearing the shirt does mess with other students. Tinker allows secure and alone and this violates that because it is an attack. Homosexual youth stats they drop out from attacks like this. Has to be the "rights of others" to be protected like race and homosexual cannot be like republicans or democrats suck. School handled it very well because they did not abuse there powers like suspending him for weeks. Cannot gag just one opinion has to be all. So if the next person that wear a shirt that says jews are christ killers then they better take the same actions. The ammendments he references in 1st amendment are free exercise clause and and establishment clause. Free exercise is congress shall make now law prohibiting the free exercise of religion. They did not punish him just told him to take off his shirt. establishment clause claim attempeting to "coere" him into changing his relgious beliefs that homosexuality is harmful to both those who practice and the community at large. They were only trying to protect. Appellate and Circuit agree with the district court. The Free Speech Clause is what permits public schools to restrict student speech.

Declaratory Judgment

When someone seeks a judicial determination of the rights and obligations of the parties that person is seeking this remedy. Some courts is an equitable remedy and others legal remedy

Benefit Rule

When the defendant's misconduct casues damages but also operates directly to confer some benefit on the plantiff, then the plantiff's damge beneift conferred.

Substitutionary

Whereby the defendant is ordered to return to the plaintiff as restitution the dollar value of any benefit he or she has received. Is determined by the defendant's gain not by the plantiff's loss. Ex: If D takes P car worth 4,000 and sells it to someone for 8,000 D maybe be liabile for full 8,000.

Three classes for injunctions

1.) permanent: a decree issued after a full opportunity to present evidence. Suppose to be a final solution. 2.) preliminary or interlocutory: Granted as an emergency measure before a full hearing is held. Has to be a serious need to preserve the status quo. 3.) temporary restraining orders: or TRO

Defendant can assert various equitable defenses in response to a plantiff's claim for specific performance...

1.) unclean hands 2.) hardship: sharp practices where the contractual terms are entirely one sided and where there is a gross inadequacy of consideration. 3.) laches: an equitable defense that is used to deny equitable relief where a plaintiff's unreasonable delay in bringing the action has caused prejudicial harm to the defendant.

Unconscionable

A chancellor may also decline to enforce a contract clause that is too unfair or one-sided. To enforce it by granting equitable remedies would shock the conscience of the court.

Declaratory Judgment

A judicial determination of the parties rights

Practicality

An equitable court generally will not order one person to fulfill a personal service contract and perform work for another.

Mandatory injunction

An order compelling one to do an act

Campbell Soup Company v. Wentz

Appeals from the judgments of the District Court denying equitable relief to the buyer under a contract for the sales of carrots. Got into a contract with Campbells for their carrots in the 1974 season. Signed range would be 20 to 30 a ton and in 1948 it was 30 a ton. They harvest the carrots and say we will not deliever at this price when market is 90 we expect at leas that. Time of impossible to find these nice/ great carrots. Need it to keep their soup looking the same. Trial court concludes that the plantiff had failed to establish that the carrots judged by objective standards are unique goods. Was too one sided of a contract. Even including liquidated damages to the extent of $50 per acre for any breach by the grower and campbells is execused from accepting carrots under certain circumstances is the worst one. We think that a party who has offered succedded in gettting an agreement as tough as this one is should not come to a chancellor and ask court help in enforcement of its terms. The contract is not illegal but it was too hard of a bargain so the court is not going to help campbell's enforce the un fair bargain.

Special Damages

Are awarded for injuries that arise from special circumstances of the wrong. Like pain and suffering, mental anguish, and the loss of enjoyment of life.

Compensatory Damages

Are awarded to compensate the plantiff for pecuniary losses that have resulted from the defendant's tortious conduct or breach of contract

Punitive or exemplary damages

Are awarded to the plantiff beyond the compensatory amount. They are additional damages for a civil wrong and are not imposed as a substitue for criminal punishment. Are awarded to plaintiffs to deter them from repeating their conduct, and to deter others from following their example. Ex: Copyright and Trademark infringement

Nominal Damages

Are awarded when there has been a breach of an agreement or an invasion of a right but there is no evidence of any specific harm. ex: if a person trespasses on your land but causes no actual harm. Would only get a trivial amount.

General Damages

Are those that are the natural and necessary result of the wrongful act or omission

Injunction enforcement

By the contempt power of a court, and a defendant may be fined, sent to jail, or deprvied of the right to litigate issues if he or she disobeys this.

Judicial Relief

Can assume many different forms called remedies. The most common remedy is awarding money damages in the form of compensatory damages and where permissible punitive damages.

Jury trial

Cases are set for a jury trial only if a right to jury trial exists and one or both of the parties properly asserts this right. Is a constutional right. 7th ammendment of U.S Constiutional. Not required in an equity case.

Court of conscience

Chancellors were almost always members of the clergy attempting to attain justice between parties to a disputed. A court of equity has almost always been called this.

Isbell v. Brighton Area Schools

During each semester of the 1988 to 89 school year the plantiff's senior year at Brighton High School was absent without an excuse on more than six occasions. Was denied course credit under schools attendance policy and the denied a diploma. Sued defendant alleging constitutional contract, tort theories and raising equitable claims. Equitable relief would have been giving her the diploma. Trial court says she gets the diploma. Courts of appeals says that they conclude that the plaintiff is barred from equitable relief by the clean hands doctrine and that the question of the attendance policy being reasonable or not does not matter because she violated this. If you want equitable relief you better come with clean hands. The plaintiff admittedly forged excuse notes so she does not have clean hands. She sought to mislead or deceive the other party. So the appellate court reversed the case.

In specie

In which a specific item is recovered by the plaintiff from the defendant. Many situations is impossible or impractical.

Department of Transportation v. Ronlee Inc.

Involves a contractor who was the successful bidder on a public construction contract and made a unilateral error in computing his bid. Is seeking equitable remedy of reformation. Ruled that the plaintiff was not entilted to reformation. Wants to increase the price by $317,463 based on a unilateral mistake after the competing bids are al opened. Where the new contract price would still be lower than the second lowest bid. Feb 13 start contract and March 7 start the project. Ronlee 8 days later says the bid had a stupid mistake with the math for the unit price. Doesn't try to with draw the bid for mistake instead just starts the construction. 21 months later when project is almost done he fills a suit wanting his money back. Court does summary judgment and awards Ronlee $317,463 needed and $60,000 for prejudgment interest and costs. No case has in Florida has permitted the changing of a bid contract so precedence is not there only sort of is Graham v. Clyde reformation was sought as relief for a mistaken bid. Building contractor was a low bidder on a proposal to construct a public school building. Next day said made 5,000 mistake. Did not pay it, because said keeps the system good and accountable and after the bid is accepted the bidder is bound by his error and is expected to bear the consequence of it. Has to prove that the DOT's conduct in not calling Ronlees attention to the error was fraudulent or inequitable. Which was not done. He discovered it not them. He also had knowledge 10 days before he started and could have not started and he chose to anyways. Reversed and remanded with instructions to favor the Department of Transportation. The dissenting opinion of the chief judge is disagreeing with the verdict because believes the state should have thought about telling them there bid was so much different so double check and even with the change he is still the lowest. The state got to play "got ya" with his money.

Replevin

Is an action used to recover possession of personal property wrongfully taken.

Reformation

Is an equitable remedy of reformation that is granted when a written agreement fails to express accurately the partie's agreement because of mistake, fraud or the drafter's ambiguous language. Its purpose is to rectify or reform a written instrument in order that it may express the real agreement or intention of the parties.

Recission

Is an equitable remedy that is granted when one of the parties consents to a contract because of duress, undue influence, fraud or innocent misrepresentation, or when either or both the parties made a mistake concerning the contract. Means the court cancels the agreement. If a court order this each party normally has to return any property or money received from the other party in performance of the agreement.

Specific Performance

Is an equitable remedy that is identified with breaches of contract. The plaintiff brings suit to obtain a court order that requires the defendant to fulfill his or her contractual obligations. Only be granted where there is a valid contract and is enforced through the use of the contempt power. Ex: Campbells contract when there was no other seller to go too.

Iacomin v. Liberty Mutual Insurance Company

Issue in this case is whether a party may subject an owner's interest in an automobile to a lien for repair and storage charges, without the owner's knowledge of acquiescene or consent. Hold that no common law or statuory lien may be created but that equitabale relief for unjust enrichment is appropirate. Richard the plaintff contract with Raymond for the towing, storage and repair of a mercedes car. Said he was the owner of the car with his New Hampshire registration. Liberty Mutual had already reimbursed the actual owner of the car with 22,000 for the stolen car. Car is so messed up from stealing it so needs it fixed. Find out that the car is stolen from Raymond Police Department so now Liberty Mutual wants to come collect their car but iacomini is like nope not until you pay me for the storage and work I have done to this car. Liberty mutual gets a replevin action and does get the car but iacomini is given time to file an action against liberty mutual for the repairs to the car. wants 10,000 mostly for storage fees. Plaintiff filled a motion to specify claim to include an action for unjust enrichment. Law generally recognizes 3 types of liens: statuory, common law and equitable. No lien can be created on an automobile as to the owner without the owner's knowledge, acquiescene or consent. Although the facts of this case do not establish either a statuory or common law lien the plaintiff may be entitled to restituion under principles of equity. An equitable lien may be imposed to prevent unjust enrichment in an owner whose property was improved, for the increased value of the property. When a court assesses damages in an unjust enrichment case the focus is not upon the damages but rather it is upon the value of what was actually recieved by the defendants. The damages thus would be the difference between the value of the vehicle before and after the plaintiff worked on it regardless of its worth when stolen. Reversed and remanded.

Reformation

Judicially rewriting a written instrument to reflect agreement of the parties

Resitution

Means restoration to the plaintiff of property in possession of the defendant. Purpose is to prevent unjust enrichment which means that a person should not be allowed to profit or be enriched inequitably at another's expense.

Ex part injuniction

Means that it is TRO and granted without notice to the defendant. Because of the potential for abuse, certain procedures protect a defendant. May not be granted unless irreparable harm would result and there is no time for notice and a hearing.

Ejectment

Occurs when a trespasser secures full possession of the land and the owner brings an action to regain possession.

Prohibitory injunction

One prohibiting an act

Liquidated Damages

Parties may agree in advance about the amount to be paid as compensation for loss in the event of a breach of contract. The stipulated sum contained in such a agreement. ex: Campbell soup case. Has to fit 2 things 1.) the damages in case of breach are uncertain or difficult to compute. 2.) the parties have agreed in advance to liquidate the damages 3.) the amount agreed on is reasonable and not disproportionate to the probable loss

Bloch v. Hillel Torah North Suburban Day School

Plaintiff appeal from an order of the trial court granting summary judgment in favor of defendant Hillel Torah North Suburban Day School. Helen is a grad school child who was expelled for a private Jewish school mid year. Said that the defendant was in bad faith of their contract because was just protecting against epidemic of head lice. Hell was expelled pursuant to school regulations for excessive tardiness and absences. Defendant said contract was to only be for a school year. Plaintiff said that the contract was suppose to be implied to be for eight years. No preliminary injuinction so both sides wanted a summary judgment. The reason for denying specific performance in such a case is the remedy at law is adequate, the enforcement and supervisiosn of the order of specific perfromane may be problematic and could result in protracted litigation and the conept of complelling the continuance of a personal realtionship to which one of the parties is resistant is repugnant as a form of involunatary servitude. Apply all of those concepts the appelate court believes that the trial court properly granted summary judgment in favor of defendant. The case is affirmed and the cause is remanded for futher proccedings permitting plaintiffs to file an amended complaint for money damages.

Injunctive

Requiring someone to do or refrain from doing something

Restitution

Restoring a person to a previous position to prevent unjust enrichment

Macomber v. Dillman

Roxanned and Steven Macomber filed a complaint against the defendants Carter F. Dillman and the Webber Hospital Association. Alleged inter alia out of careless failure to comply with the standard of care of medical practice when making Roxanne where she cannot have kids anymore. Mazie is a healthy child. Want the cost of raising Maize, medicial expenses of preganancy and childbirth, subsequent hysterectomoy sterilization, lost wages, loss of consortium, the medical and other expenses of the unsuccessful tubal ligation. Defendants want motion for summary judgment because no claim. The neccessary elements of a cause of action in negligence have been set forth against the defendants. A parent cannot be said to have been damaged or injured by the birth and reering of a healthy child. Can only get recoverable damages of hospital bill and medicial expenses. In no circumstances can a parent be said to have been damaged by the birth and rearing of a healthy, normal child. The dissenting talks about how the joy and companionship a parent recieves from a healthy child always outweigh the costs and difficulties of rearing that child. Sometimes you just cannot afford to feed and educate another person. Duty of court to follow public policy and not formulate it. Apply traditional comman law rules instead. "Benefit rule" of the restatement second of torts: sees the various tangible and intangible beneifts acure to the parents of unplanned child weighed by the factfinder in determining damages associated with the raising of an unexpected child.. Shouldn't be forced to adoption or abortion. If it was the opinon persons decision would recover the potential costs of child hearing.

Equitable maxims

Short statements that contain the gist of much equity law. The court uses this instead of using rules of law in reaching decisions. They include: Equity... 1.) Does not suffer a wrong to be without a remedy 2.) regards substance rather than form 3.) is equity 4,) Regards as done that which should be done 5) follows the law 6) acts in personam rather in rem 7.) Whoever seeks equity must do equity 8.) Whoever comes into equity must do so with clean hands 9.) Delay resulting in prejudicial change defeats equity

Hedonic Damages

The loss of enjoyment of life. States differ as to whether to recognize the impairment of a person's ability to experience the normal pleasures and enjoyments of life such as being a member of a family, falling in love, becoming a parent or grandparent, enjoying music, travel or other common life actitives as compensable losses.

Wilen v. Falkenstein

William Falkenstien and John Wilen were neighbors.F alkenstien's tree grew so much that it interfered with Wilen's view from the balacony of his house. Offered to pay for trimming of tree but he would not let him. Falkenstien was gone so he trimmed the tree. Would cost $4,151.39. Wilen gave permission to trim tree. Wilen says proof was insufficent to support the jury's compensatory damage award. Injured party is still entitled to compensation for "the Intrinsic value" Appellate court concluded that the jury's compensatory damage award was reasonable under the circumstances. Trial court entered judgment in accordance with the jury's verdict awarding Falkenstien 5,300 in actual damages, 18,000 in exemplary damages and 29,700 in atorney fees. Exemplary damges are recoverable for the tort of trespass if the trespass was committed maliciously. Exemplary damages may not be awarded when in good faith. "malicious" or "willful" TLS normally does not top a tree but they were told it was really okay. We hold that the jury's findings that the harm to Falkenstein resulted from Wilen's malicious trespass is supported by clear and convincing evidence. Wilen's significnat net worth supported charging him $18,000 in exemplary damages. To recover attorney fees a party must prove entitlment. They delete the attorney fees keep the rest of the fees and then affirm the case.

Equitable remedy

Would have been awarded by a court of equity before the merger of equity and the common law courts.