Sinclair on Virginia Remedies
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In recent years, equity cases have accounted for roughly one quarter of the workload of Virginia's circuit courts. With the General Assembly having directed family law, mechanics' lien law, and other types of cases to proceed "as in equity," and with tort reform poised to make damages at law less attractive to many parties, still greater numbers of plaintiffs are likely to seek the more direct - and often more practical - remedies offered by equity. Yet, until now, the only guides to equity remedies and practice in Virginia were last supplemented several decades ago. In Virginia Remedies, Professor John L. Costello sifts through an enormous body of case law to update comprehensively the seminal texts on the subject - Lile's Equity Pleading and Practice and Phelps' Handbook of the Rules of Equity.
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Table of contents
PART ONE STRATEGIC OVERVIEW
Chapter 1 Strategic Overview Planning for Claims, Remedies & Defenses
Chapter 2 Barriers & Limits on Remedies in Virginia
Chapter 3 Damages Standards in Virginia
Chapter 4 Declaratory Relief in Virginia
PART TWO TORT CLAIMS
Chapter 5 Abuse of Process
Chapter 6 Assault & Battery
Chapter 7 Bailment Claims
Chapter 8 Breach of Fiduciary Duty
Chapter 9 Common-Count Causes of Action
Chapter 10 Conspiracy
Chapter 11 Contribution Rights & Claims
Chapter 12 Conversion (A/K/A “Trover”)
Chapter 13 Covenants Not to Compete
Chapter 14 Defamation & Insulting Words
Chapter 15 Detinue
Chapter 16 Emotional Distress Claims
Chapter 17 False Arrest & False Imprisonment
Chapter 18 Federal Employer’s Liability Act (FELA) Cases
Chapter 19 Fraud
Chapter 20 Interference with Contract (or Contract Expectancy)
Chapter 21 Jones Act Claims for Injury to a Seaman
Chapter 22 Legal Malpractice
Chapter 23 Malicious Prosecution
Chapter 24 Name Change Actions
Chapter 25 Negligence
Chapter 26 Negligent Hiring or Retention
Chapter 27 Premises Liability
Chapter 28 Products Liability
Chapter 29 Trade Secret Violations
Chapter 30 Unauthorized Use of a Name or Likeness
Chapter 31 Unfair Competition
Chapter 32 Wrongful Birth
Chapter 33 Wrongful Death
Chapter 34 Wrongful Discharge from Employment
Chapter 35 [Reserved]
PART THREE CONTRACT CLAIMS
Chapter 36 Breach of Contract Actions—Oral, Written & Implied in Fact Contracts
Chapter 37 Indemnity, Exoneration or Suretyship Actions
Chapter 38 Quantum Meruit & “Quasi Contract” Claims
Chapter 39 Subrogation Claims
Chapter 40 Third-Party Beneficiary Contract Claims
Chapter 41 [Reserved]
PART FOUR EQUITABLE RELIEF IN VIRGINIA
Chapter 42 Strategic Overview: Equitable Claims and Defenses
Chapter 43 Equitable Defenses
Chapter 44 Accountings in Equity
Chapter 45 Ancillary Remedies and Devices
Chapter 46 Constructive Court-Imposed Trusts
Chapter 47 Contempt
Chapter 48 Creditors’ Remedies
Chapter 49 Equitable Conversion
Chapter 50 Equitable Liens
Chapter 51 Injunctions
Chapter 52 Interpleader—Codifying the Equitable Bill of Peace
Chapter 53 Appointment of a Receiver
Chapter 54 Reformation
Chapter 55 Rescission—Cancelling a Contract or Instrument
Chapter 56 Restitution
Chapter 57 Specific Performance
Chapter 58 Unjust Enrichment
Chapter 59 [Reserved]
PART FIVE REAL PROPERTY-RELATED CLAIMS
Chapter 60 Adverse Possession Claims
Chapter 61 Assumpsit
Chapter 62 Boundary Actions
Chapter 63 Ejectment
Chapter 64 Inverse Condemnation Actions
Chapter 65 Nuisance
Chapter 66 Partition of Real Property
Chapter 67 Quiet Title Actions—Removing Clouds
Chapter 68 Sale or Lease of Land of a Person Under a Disability
Chapter 69 Slander of Title
Chapter 70 Trespass to Land or to Chattels
Chapter 71 Unlawful Entry or Detainer
Chapter 72 Waste
Chapter 73 [Reserved]
PART SIX CONSUMER PROTECTION & OTHER STATUTORY CLAIMS
Chapter 74 Consumer Protection Remedies
Chapter 75 [Reserved]
PART SEVEN THE “EXTRAORDINARY WRITS” IN VIRGINIA
Chapter 76 Mandamus
Chapter 77 Writs of Prohibition
Chapter 78 Writs of Quo Warranto
Chapter 79 [Reserved]
Table of Cases
Table of Statutes
Index