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- ISBN: 9780314264664 | 0314264663
- Cover: Hardcover
- Copyright: 12/14/2010
Remedies Eighth 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. This book 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 Eighth cites and discusses the freshly minted 2011 Restatement (Third) of Restitution and Unjust Enrichment. New decisions in Remedies Eighth examine ?actual damages, medical monitoring, the American attorney-fee Rule and the private-attorney-general exception, the Supreme Court's punitive damages opinions in Exxon Shipping Company v. Baker and Philip Morris USA v. Williams, state constitutional limits on damages caps, eBay v. MercExchange on the elements for an injunction, the standard for a preliminary injunction in light of eBay v. MercExchange and Winter v. Natural Resources Defense Counsel, unconscionability in a contract to arbitrate, and contractual limitations on recovery of damages.