OR Bar Remedies Flashcards

In Oregon contract law, what are 'expectation damages'?

Answer: Damages that place the non-breaching party in the position they would have been in had the contract been fully performed

Expectation damages give the non-breaching party the benefit of the bargain by awarding the value of full performance minus any costs saved.

Under Oregon law, what is the significance of the Hadley v. Baxendale rule in contract damages?

Answer: Consequential damages are recoverable only if they were foreseeable at the time of contracting as a probable result of breach

Oregon follows Hadley v. Baxendale, limiting consequential damages to those that were foreseeable at contract formation as a likely result of breach.

What is 'unjust enrichment' as a basis for recovery in Oregon, and what must a plaintiff prove?

Answer: A plaintiff must show: (1) a benefit conferred on the defendant, (2) the defendant's awareness of that benefit, and (3) it would be unjust to allow the defendant to retain it without compensation

Oregon's unjust enrichment claim requires proving a benefit conferred, the defendant's appreciation of it, and the inequity of retaining it without payment.

Oregon's prejudgment interest rule generally provides that prejudgment interest is available when:

Answer: The damages are liquidated or ascertainable by mathematical calculation from a fixed date

Oregon courts award prejudgment interest when the damages amount is liquidated or ascertainable by calculation, compensating for the time value of money from a fixed date.

Under Oregon law, what is a 'constructive trust' and in what situation is it imposed?

Answer: An equitable remedy imposed to prevent unjust enrichment where a defendant holds property that in good conscience belongs to the plaintiff, often due to fraud or breach of fiduciary duty

A constructive trust is an equitable device imposed by Oregon courts when the defendant would be unjustly enriched by retaining property obtained through fraud, duress, or breach of fiduciary duty.

Under Oregon's economic loss rule, when may a plaintiff in a tort case recover purely economic damages without accompanying physical harm?

Answer: When a special relationship or duty of care exists between the parties, such as a professional negligence claim

Oregon's economic loss rule bars pure economic loss in negligence absent a special relationship, as established in cases like Onita Pacific Corp. v. Trustees of Bronson.