This lesson explores the remedies that are available in UCC Article 2 for the Seller when the Buyer is in breach. We first examine the remedies when the Buyer has the goods, and then when the Seller has the goods. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.
Read moreThis lesson will cover the remedy known as the Accounting for Profits. Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. Consequently, this lesson is designed to provide basic coverage of this remedial option. Another lesson, "Equitable Protection of Restitution: The Constructive Trust and Equitable Lien" is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
Read moreThis lesson covers the availability of non-economic damages; evidentiary issues in proving these damages; and issues in the argument to the jury of these damages. This lesson gives you an opportunity to explore the "how to" of non-economic damages, particularly damages for pain and suffering and mental or emotional distress. The lesson is designed for upper-level students in remedies, advanced torts, or trial practice courses. Students should have some basic knowledge of both tort law and evidence law. First-year students may find the lesson accessible by making use of the pop-up screens providing background on concepts and rules.
Read moreExpense is a significant factor in any litigation. In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. The "American Rule" provides that parties to a lawsuit ordinarily pay their own attorney's fees, unless a statute or contract provides that fees can be shifted to the opponent. As it is fundamental to the litigation landscape, you may have touched on this doctrine in a number of your law school classes.
Read moreThis is the first in a series of lessons on the topic of "Compensatory Damages." It is designed as an "Introduction" to the overall concept of "compensatory damages" as well as to the key terminologies that are typically associated with these types of damages. For beginning students, this Lesson should be completed first, before proceeding to any other Lessons that address more complex damages issues, as it contains a thorough presentation of the various terminologies and concepts that are unique to this specialized area of the law.
Read moreThis lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor or bankruptcy courses.
Read moreThis lesson provides an overview of both criminal and civil contempt. It includes both direct and indirect contempt, as well as compensatory civil contempt and coercive civil contempt. It covers the differences among these types of contempt in their function and procedures and explores why it is important to distinguish among them.
Read moreThis lesson is one of a series on the topic of "Compensatory Damages." This particular lesson explores the differences among each of the three main types of legally-protected "interests" most commonly involved in any damages case: the expectation interest, the reliance interest, and the restitution interest. It is designed as an "Introduction" to the basic distinctions among each of these different interests, as well as a practical guide to determining when one interest should be asserted instead of another.
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