OR Bar OR Bar Remedies 1 — Questions and Answers
Question 1: In Oregon, which of the following is the primary requirement for a court to grant a preliminary injunction?
- Likelihood of success on the merits, irreparable harm, balance of hardships favoring the movant, and public interest (Correct answer)
- A showing that damages would be an adequate remedy at law
- Proof that the opposing party acted in bad faith
- A bond equal to the full value of the anticipated damages
Correct answer: Likelihood of success on the merits, irreparable harm, balance of hardships favoring the movant, and public interest
Oregon courts apply the four-factor preliminary injunction test: likely success, irreparable harm, balance of hardships, and public interest.
Question 2: What is the legal standard for awarding punitive damages in Oregon under ORS 31.730?
- Clear and convincing evidence that the defendant acted with malice, showed willful and wanton disregard for others' rights, or acted with fraud (Correct answer)
- A preponderance of the evidence that the defendant was negligent
- Proof beyond a reasonable doubt of intentional wrongdoing
- Evidence that the defendant had a high net worth
Correct answer: Clear and convincing evidence that the defendant acted with malice, showed willful and wanton disregard for others' rights, or acted with fraud
ORS 31.730 requires clear and convincing evidence of malice, wanton disregard, or fraud to support a punitive damages award in Oregon.
Question 3: Under Oregon law, what is the purpose of compensatory damages in a civil lawsuit?
- To restore the injured party to the position they would have occupied had the wrong not occurred (Correct answer)
- To punish the defendant for egregious conduct
- To deter future misconduct by the defendant
- To enrich the plaintiff beyond actual losses
Correct answer: To restore the injured party to the position they would have occupied had the wrong not occurred
Compensatory damages are designed to make the plaintiff whole by restoring the position they would have been in absent the defendant's wrongful conduct.
Question 4: In Oregon, specific performance of a contract is typically available as a remedy when:
- The subject matter is unique and money damages are inadequate, such as in real property or rare personal property contracts (Correct answer)
- The defendant is insolvent and cannot pay damages
- The plaintiff prefers specific performance over money
- The contract explicitly states specific performance as the only remedy
Correct answer: The subject matter is unique and money damages are inadequate, such as in real property or rare personal property contracts
Specific performance is an equitable remedy granted in Oregon when the subject matter is unique (e.g., real property) and legal damages cannot adequately compensate the plaintiff.
Question 5: Oregon follows the 'collateral source rule.' What does this rule provide?
- Damages owed by a defendant are not reduced because the plaintiff received compensation from an independent third-party source (Correct answer)
- Defendants may deduct insurance payments the plaintiff received from damages awards
- Plaintiffs must disclose all collateral income before suing
- Courts may reduce damages by any public benefits the plaintiff received
Correct answer: Damages owed by a defendant are not reduced because the plaintiff received compensation from an independent third-party source
Under the collateral source rule, a defendant cannot reduce their liability because the plaintiff received compensation from an independent source like insurance.
Question 6: Under Oregon law, when must a plaintiff mitigate damages?
- After suffering a legal injury, the plaintiff has a duty to take reasonable steps to minimize the resulting harm (Correct answer)
- Only in contract cases, not in tort cases
- Only when the defendant specifically requests mitigation
- There is no duty to mitigate in Oregon
Correct answer: After suffering a legal injury, the plaintiff has a duty to take reasonable steps to minimize the resulting harm
Oregon law imposes a duty to mitigate: a plaintiff cannot recover damages that reasonable efforts would have avoided following the injury.
OR Bar OR Bar Remedies 1
In Oregon, which of the following is the primary requirement for a court to grant a preliminary injunction?