OR Bar OR Bar Remedies 2 — Questions and Answers
Question 1: What is the doctrine of 'restitution' as a remedy under Oregon law?
- A remedy designed to prevent unjust enrichment by requiring the defendant to disgorge benefits conferred by the plaintiff (Correct answer)
- A remedy identical to compensatory damages
- A criminal sanction imposed after conviction
- A statutory cap on damages in personal injury cases
Correct answer: A remedy designed to prevent unjust enrichment by requiring the defendant to disgorge benefits conferred by the plaintiff
Restitution in Oregon is an equitable remedy aimed at preventing unjust enrichment by requiring the defendant to return benefits unjustly received.
Question 2: Under Oregon law, what is a 'declaratory judgment' and when is it appropriate?
- A court declaration of the parties' legal rights and obligations when there is an actual controversy, providing a remedy without requiring proof of damages (Correct answer)
- A judgment declaring a defendant guilty of a crime
- A post-trial order clarifying a prior ambiguous ruling
- An order requiring a party to perform a specific act
Correct answer: A court declaration of the parties' legal rights and obligations when there is an actual controversy, providing a remedy without requiring proof of damages
A declaratory judgment under ORS 28.010 allows Oregon courts to declare rights and legal relations when a justiciable controversy exists, without requiring proof of present damages.
Question 3: In Oregon, the remedy of 'rescission' of a contract requires:
- A ground such as mutual mistake, fraudulent misrepresentation, failure of consideration, or material breach, returning both parties to their pre-contract positions (Correct answer)
- Proof of intentional breach only
- Filing within six months of contract formation
- Approval by the Oregon Department of Justice
Correct answer: A ground such as mutual mistake, fraudulent misrepresentation, failure of consideration, or material breach, returning both parties to their pre-contract positions
Rescission voids the contract and restores the parties to their original positions, and is available on grounds like mutual mistake, fraud, or material breach.
Question 4: Oregon law limits punitive damages in civil cases by requiring that punitive damages bear a reasonable relationship to compensatory damages. Which U.S. Supreme Court case reinforced this principle?
- BMW of North America v. Gore, establishing guideposts for constitutionally permissible punitive damages (Correct answer)
- Palsgraf v. Long Island Railroad
- Hadley v. Baxendale
- MacPherson v. Buick Motor Co.
Correct answer: BMW of North America v. Gore, establishing guideposts for constitutionally permissible punitive damages
BMW of North America v. Gore established the constitutional guideposts — ratio to compensatory damages, reprehensibility, and comparable sanctions — that govern punitive damages awards.
Question 5: What is 'nominal damages' and when might an Oregon court award them?
- A trivial sum awarded when a legal right has been violated but no actual harm or loss is proven (Correct answer)
- Damages capped by statute at a nominal amount
- Damages reduced because the plaintiff was partly at fault
- Pre-judgment interest on a damages award
Correct answer: A trivial sum awarded when a legal right has been violated but no actual harm or loss is proven
Nominal damages (often $1) are awarded in Oregon when a plaintiff proves a legal violation but cannot establish actual measurable harm.
Question 6: Under Oregon law, when a court grants a temporary restraining order (TRO) without notice to the opposing party, how long may it remain in effect?
- Up to 14 days, extendable for good cause shown under ORCP 79 (Correct answer)
- 30 days without any extension
- 60 days if the court deems it necessary
- Indefinitely until a preliminary injunction hearing is held
Correct answer: Up to 14 days, extendable for good cause shown under ORCP 79
Under ORCP 79, an ex parte TRO in Oregon expires within 14 days unless extended for good cause or by consent of the adverse party.
OR Bar OR Bar Remedies 2
What is the doctrine of 'restitution' as a remedy under Oregon law?