OR Bar OR Bar Remedies 2

Question 1

What is the doctrine of 'restitution' as a remedy under Oregon law?

Accepted Answer

A remedy designed to prevent unjust enrichment by requiring the defendant to disgorge benefits conferred by the plaintiff

Answer

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?

Accepted 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

Answer

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:

Accepted Answer

A ground such as mutual mistake, fraudulent misrepresentation, failure of consideration, or material breach, returning both parties to their pre-contract positions

Answer

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?

Accepted Answer

BMW of North America v. Gore, establishing guideposts for constitutionally permissible punitive damages

Answer

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?

Accepted Answer

A trivial sum awarded when a legal right has been violated but no actual harm or loss is proven

Answer

Nominal damages (often $1) are awarded in Oregon when a plaintiff proves a legal violation but cannot establish actual measurable harm.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar OR Bar Remedies 2