Bauman’s Gilbert Law Summary on Remedies 12th Edition by John Bauman 1634591593 9781634591591

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Product details:

ISBN 10: 1634591593 

ISBN 13: 9781634591591

Author: John Bauman

The topics covered in this outline include damages, equitable remedies (including injunctions and specific performance), restitution, injuries to tangible property interests, and injuries to business and commercial interests (including business torts, inducing breach of contract, patent infringement, unfair competition, and trade defamation). Also discussed are injuries to personal dignity and related interests (including defamation, privacy, religious status, and civil and political rights), personal injury and death, fraud, duress, undue influence, unconscionable conduct, mistake, breach of contract, and unenforceable contracts, including statute of frauds, impossibility, lack of contractual capacity, and illegality.

Table of contents:

Chapter One. Introduction
A. Introduction
B. Types of Remedies

Chapter Two. Damages
A. Tort vs. Contract Damages
B. Limitations on Damages
C. Other Damages Issues

Chapter Three. Equitable Remedies
A. Nature of Equitable Remedies
B. Requirements for Equitable Remedies
C. Enforcement and Effect of Equitable Decrees
D. Ancillary Equitable Remedies

Chapter Four. Restitution for Unjust Enrichment
A. Nature of Restitution
B. Legal and Equitable Remedies

Chapter Five. Injuries to Tangible Property Interests
A. Misappropriation of Money
B. Injuries to Personal Property
C. Injuries to Real Property

Chapter Six. Injuries to Business and Commercial Interests
A. Remedies for Business Torts—In General
B. Remedies for Inducing Breach of Contract
C. Remedies for Interference with Plaintiff’s Mere “Expectancy”
D. Remedies for Diversion of Benefits
E. Remedies for Patent Infringement
F. Remedies for Copyright Infringement
G. Remedies for Destruction or Misappropriation of Trade Secrets
H. Remedies for Misappropriation of Creative Works and Ideas
I. Remedies for Trademark and Trade Name Infringement
J. Remedies for Unfair Competition
K. Performers’ Remedies for Misappropriation of Right of Publicity
L. Remedies for Product Disparagement—Trade Defamation

Chapter Seven. Injuries to Personal Dignity and Related Interests
A. Defamation
B. Privacy
C. Familial Relations
D. Associational Relations
E. Academic Status
F. Religious Status
G. Civil and Political Rights

Chapter Eight. Personal Injury and Death
A. Personal Injuries
B. Survival of Personal Injury Actions
C. Wrongful Death Actions
D. Injuries to Others

Chapter Nine. Fraud
A. Election of Remedies
B. Affirmance of the Contract—Damages Remedy
C. Rescission of the Contract
D. Statutory Remedies—Consumer Protection

Chapter Ten. Duress, Undue Influence, and Unconscionable Conduct
A. Duress
B. Undue Influence
C. Unconscionability

Chapter Eleven. Mistake
A. General Considerations
B. Mistake in Bargaining Transactions
C. Defenses
D. Mistake in Integration—Reformation as Remedy
E. Mistake in Gratuitous Transactions

Chapter Twelve. Remedies for Breach of Contract
A. Special Conditions Applicable to Specific Performance
B. Land Sale Contracts
C. Contracts for the Sale of Chattels
D. Construction Contracts
E. Service Contracts

Chapter Thirteen. Remedies in Connection with Unenforceable Contracts
A. Contracts Unenforceable Because Not in Writing
B. Contracts Unenforceable Because of Impossibility or Frustration of Purpose
C. Contracts Unenforceable Because of Lack of Capacity to Contract
D. Agreements Unenforceable Because of Illegality

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