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Golden Gate University School of Law

2010

Cal Law Trends and Developments

Restitution

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Full-Text Articles in Law

Remedies, Kenneth H. York Nov 2010

Remedies, Kenneth H. York

Cal Law Trends and Developments

Remedial problems are best dealt with in the context of substantive law situations. However, the disparate characteristics of restitution, equitable remedies, and damages necessitate some generalized preliminary comment. We regret that the points raised in the California cases during a one-year period do not form a tidy or cohesive pattern or adapt themselves to a symmetrical outline.


Remedies, Kenneth H. York Oct 2010

Remedies, Kenneth H. York

Cal Law Trends and Developments

This article will cover the remedial aspects of civil cases, and as such will mention several decisions which are reviewed elsewhere in this volume in a substantive law context. It will concentrate upon the California courts' application of various legal remedies (principally damages), equitable remedies (including the existence of equitable jurisdiction), and restitutionary remedies (both legal and equitable) with some reference to the substantive elements needed for restitution.