Remedies, Cases and Materials

Remedies Ninth teaches students how to traverse the complex territory of choice and measurement of plaintiffs' remedies. Accessible and readable decisions build on upper-level students' first-year courses in contracts, torts, property, constitutional law, and civil procedure. Remedies Ninth is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer's tactics in addition to the court's decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets.