Leavell, Love, Nelson and Kovacic-Fleischer's Cases and Materials on Equitable Remedies, Restitution and Damages, 7th

Robert N Leavell, Jean C Love, Grant S. Nelson, Candace S Kovacic-Fleischer

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ISBN-13: 9780314150745

Last Updated: 4/20/2005

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Description

Cases added include the Jones v. Clinton contempt case; a rescission case involving Jesse “The Body” Ventura; and an Internet right of privacy case involving videotapes of Pamela Anderson Lee and Bret Michaels, lead singer of the rock band Poison. Tightly edited and expanded cases offer a more detailed view of the facts. Current issues include a newly constructed house with leaking walls; remedies for breach of surrogacy motherhood contracts; remedies for breach of promises during marriage or cohabitation; injunctions of abortion protests or gang activities as public nuisances; and restitution to governments for the costs of tobacco illnesses.

Features

Covers race, gender, sexual orientation, and disability discriminations
Describes remedial issues in copyright and trademark infringement
Discusses the availability of emotional damages for breach of contract
Emphasizes injunction procedures
Examines commercial interests and contract disputes
Looks at environmental issues
Explores antitrust, securities fraud, and Racketeering Influenced and Corrupt Organizations Act (RICO)

More Information

Table of Contents (PDF) »

Table of Authorities (PDF) »

Sample Pages (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface To Sixth Edition
Preface To Fifth
Preface To Fourth Edition
Preface To Third Edition
Preface To Second Edition
Preface To First Edition
Table Of Cases
Chapter
1. Introduction to Remedies
  1. Specific, Substitutionary and Declaratory Remedies
  2. Remedies for Tortious Wrongs, Breach of Contract, Unjust Enrichment
  3. Historical Introduction to Law and Equity
2. Basic Principles of Specific Equitable Remedies
  1. Overview of Procedures and Standards for Issuing Injunctive Relief
  2. Provisional Injunctions
  3. Bonds and Other Forms of Security
  4. Permanent Injunctions
  5. Defenses to Requests for Equitable Relief
  6. Appeals From Injunction Rulings
  7. First Amendment Considerations
  8. Modification of Permanent Injunctions
  9. Contempt
3. Basic Principles of Damages
  1. Legal Damages Defined
  2. Goals of Damages
  3. Terminology and Limitations
  4. Principles of Measurement
  5. Punitive and Liquidated Damages
  6. Attorney's Fees
  7. Applying the Basic Principles: Damages for Tortious Interference With the Person
4. Introduction to Restitution
  1. Overview
  2. Legal Restitution
  3. Equitable Restitution
  4. The Concept of Benefit to the Defendant
  5. Defenses to Claims in Unjust Enrichment
  6. Restitution as the Only Cause of Action
  7. The Relationship Between Restitution and Punitive Damages
5. Declaratory Judgments
6. Remedies for Selected Tortious Wrongs
  1. Interference With Personal Property Interests
  2. Interference With Real Property and Environmental Interests
  3. Injunctions as a Law Enforcement Tool: Enjoining Crime and Other Wrongs
  4. Interference With Constitutional Rights
  5. Interference With Dignity Interests
7. Remedies for Selected Contractual Problems
  1. Basic Principles
  2. Contracts Relating to Personal Property (Sale of Goods)
  3. Contracts Relating to Real Property
  4. Contracts Relating to Services
  5. Arbitration
8. Law and Equity Merger: Jury Trial and Related Problems
  1. The Federal Approach: A Preference for Juries
  2. The State Approach: Conflicting Cross-Currents
Index