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OH Bar: Remedies

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Remedies

Remedies tests the relief available after a wrong: damages, restitution, specific performance, injunctions, and provisional remedies. The bar wants you to choose the remedy that best compensates or prevents harm, not just the most dramatic one.

Core rules

  • Expectation damages protect the benefit of the bargain; reliance damages restore the plaintiff to the pre-contract position.
  • Restitution prevents unjust enrichment; it can be available even without a contract.
  • Specific performance is discretionary and requires a unique subject matter and inadequate legal remedy.
  • A preliminary injunction requires likelihood of success, irreparable harm, balance of hardships, and public interest.

Worked example

A contracts to buy a machine for $10,000. At breach, the market price is $12,000. A has paid a $1,000 deposit. Reasoning: A's expectation damages are $2,000, the difference between market price and contract price. A also recovers the $1,000 deposit to avoid double counting; the total recovery is $3,000 if the deposit is separate, but courts typically credit the deposit against the damages. If the machine were unique, A might seek specific performance instead. Punitive damages are not available for ordinary breach.

Traps

  • Awarding both expectation and reliance damages for the same loss.
  • Forgetting mitigation of damages.
  • Seeking specific performance for ordinary goods.
  • Treating a liquidated damages clause as enforceable without checking reasonableness.