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Course Details

Remedies
#6200

Type

LEC

Credits

3 cr.

Student Year

2L/3L

Description:

This is an extremely practical course. It is about what will make you, as a lawyer, valuable to your clients. They will consult you and pay for your services because of your ability to achieve legal remedies for their wrongs. What then is it that you may be able to do for them? This course deals with the answers to that question. In it, we will explore the fundamental remedies -- damages, injunctions, restitution, and declaratory relief. The questions we will ask throughout are what can the plaintiff (or the defendant) get? Why that and not more? Which of the available remedies is best? What are the strategic and practical ways to achieve the desired result? Remedies integrates threads from different parts of the law school curriculum and is a good vehicle for testing theories of what law is all about.
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Sections

Fall 2015: Remedies

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Type

LEC

Credits

3

Student Year

2L/3L

TWEN

lawschool.westlaw.com... page&courseid=201380

Syllabus

Available on Inside.Law Access restricted resource icon

Details:

Remedies (Law 6200) Advance Assignment Fall 2015

 

From our casebook, Weaver, Partlett, Kelly & Cardi, Remedies: Cases, Practical Problems and Exercises (3d ed. 2014) pp. 7-8.

 

The Building Lot Controversy

 

Beau Rivage is an exclusive subdivision in one of the nicer sections of this city, and is surrounded by a large wall (erected for security purposes) with a gatehouse at the entrance to the subdivision.

 

            Vacant lots in the subdivision sell for $75,000 and are at least one-half acre in size. All lots are subject to numerous restrictions. Lot owners can only build single-family dwellings, the dwellings must be at least 3,500 square feet, must cost at least $200,000, and must be set back from the property line at least 50 feet.

 

            Grace Harlow (a prominent local attorney) purchased a lot in Beau Rivage about a year ago. She chose the lot because it sits on a hill and offers a glorious view of the surrounding city. Grace planned to build a house on the lot, and to begin construction within a year. However, at the time of the purchase, Grace was litigating a major case in a distant state and returned only rarely to check on her Beau Rivage lot.

 

            About the same time that Harlow bought her lot, Herbert Deets (a local factory manager) bought an adjoining lot. Deets began construction immediately on a two story Colonial-style home.

 

            Unfortunately, Deets’ builder was confused about the lot lines, and built the home so that it violated not only the 50-foot setback requirement, but extended 20 feet onto Harlow’s lot. By the time Harlow returned from her trial, Deets’ home was nearly finished.

 

            Harlow was furious when she learned that Deets’ home encroached on her lot. Harlow demanded that Deets remove the offending portion of the home from her property. Deets refused to do so, claiming that he would suffer severe economic loss. Indeed, if the offending portion were removed, Deets would have to lop off the kitchen and the family room. Moreover, without those rooms, the house would lose its symmetry and appear rather strange.

 

             What are your preliminary thoughts about this problem?  Come to class prepared to discuss them.  What would you advise Harlow?  What would you advise Deets?  How might a court resolve this? 

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Fall 2014: Remedies

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Type

LEC

Credits

3

Student Year

2L/3L

Syllabus

Available on Inside.Law Access restricted resource icon

Details:

(see course description, above)

(no readings)