Prerequisites: None, but the more background you have, the more you will get from the course. Because enrollment is limited to 25, 3d year students will be preferred.

I. Objectives

If substantive and procedural requirements warrant some kind of relief, what may be available? It may vary as a function of the cause of action, but, as Laycock states, one goal of his book is to address general remedial principles divorced as much as possible from substantive context. Four other goals are set out at xxix-xxx of his casebook.

II. Course Materials

Laycock, Modern American Remedies (3d Ed. 2002)
The book contains a great deal of background material; no supplement or hornbook should be needed.

III. Preparation and Attendance

Preparation is assumed. Students will be called on to brief cases or to analyze hypotheticals, but voluntary participation will be encouraged. Anyone who has more than two unexcused absences may be disenrolled.

IV. Methodology

A.       Student briefs & open discussion.

B.       Relatively short assignments are intended to foster thoughtful preparation and discussion.

V. Evaluation

A.       Final essay exam. It will be open book, but laptops may not be used.

B.       Optional problems may be offered for up to 30% of the course grade. Structure and availability will depend largely on enrollment and student interest.

VI. Assignments

Some, e.g., classes 9-10, are a bit awkward because the book was designed for 1-hour sessions.

Class    Assignment

1       Introduction, redressing harm; 1-26.

2       Compensatory damages as a function of value, reliance and expectancy; 26-51.

3       Con’d, consequential damages; 51-74.

4       Avoidability, offsets and collateral sources; scope of liability; 92-119.

5       Con’d, the certainty requirement, non-economic damages; 119-29, 162-75.

6       Con’d; 175-201.

7       Using injunctions to prevent and redress harm; 233-60.

8       Con’d; 260-89.

9       Structural injunctions and modifications; 307-37 (dissent, next class).

10      Con’d, rights of 3d parties; 337-61.

11      Choosing remedies, irreplaceable losses; 363-88.

12      Con’d, burdens (defendants or courts), policy limits; 388-411.

13      Con’d; 411-40.

14      Preliminary or permanent relief; 440-62.

15      Con’d, prospective or retrospective relief; 462-93.

16      Beyond coercion; declaratory relief; 511-36.

17      Restitution, disgorging profits; 565-92.

18      Con’d; 592-617.

19      Con’d, restitution and contract; 617-39.

20      Punitive remedies; 719-47 (concurrence and dissents, next class).

21      Con’d; 747-74.

22      Contempt, collateral bars; 775-94, 812-20 (dissents, next class).

23      Con’d, 3d parties; 820-43.

24      Litigation expenses; 905-33.

25      Con’d; 933-58.

26      Defenses; 959-69, 978-89.

27      Con’d, right to jury; 995-1005, 1102-15.

28      Con’d, fluid class recovery; 1115-20, skim 1121-39.

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Field's Course Page

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Revised Aug. 18, 2005