Bar Exam Remedies Flashcards
6 cards from real Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Bar Exam Remedies flashcards as text
The primary purpose of restitution as a remedy is to:
Answer: Prevent the defendant's unjust enrichment at the plaintiff's expense
Restitution focuses on the defendant's gain rather than the plaintiff's loss, requiring disgorgement of any benefit unjustly obtained at the plaintiff's expense.
In a quantum meruit (quasi-contract) claim, the plaintiff may recover:
Answer: The reasonable value of the services or benefits actually conferred on the defendant
Quantum meruit allows recovery of the fair market value of services or benefits conferred on the defendant where no enforceable contract exists but unjust enrichment would otherwise result.
An accounting for profits as an equitable remedy requires the defendant to:
Answer: Disgorge all profits obtained through wrongdoing and transfer them to the plaintiff
An accounting for profits compels the defendant to surrender ill-gotten gains to the plaintiff, focusing on the defendant's profit rather than the plaintiff's loss.
Under the election of remedies doctrine, a plaintiff who obtains rescission of a contract is generally:
Answer: Barred from seeking expectation damages because rescission treats the contract as never having existed
Rescission and expectation damages are inconsistent remedies; electing rescission (treating the contract as void) forecloses a claim for breach damages based on the same contract.
Under the collateral source rule in tort law, a defendant:
Answer: May NOT reduce damages by benefits the plaintiff received from independent third-party sources
The collateral source rule prevents the defendant from reducing liability by showing the plaintiff was compensated from collateral sources such as insurance, ensuring the defendant bears full responsibility.
Nominal damages are awarded when:
Answer: The plaintiff's legal right was technically violated but no actual damages were suffered or proven
Nominal damages (typically one dollar) vindicate the plaintiff's legal right even when no actual harm is proved, establishing that the defendant committed a legal wrong.