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Sinclair on Virginia Remedies
This is a new Sixth Edition of a respected classic in Virginia law.
All causes of action recognized by the Courts of Virginia and the General Assembly are presented in logical order, with brisk and to-the-point summaries of the case law and statutory developments.
Places each category of claim in context for the range of remedies available and marks the limits and strengths of each category of claim, the nature and measure of damages available in each, and defense or exclusion doctrines to consider in pleading and litigating each form of claim.
Publisher: Michie
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This is the only complete encyclopedia of causes of action in Virginia. It is your one source for a complete survey of all the recognized claims — and defenses — viable under Virginia law.
Claims at law and under equitable principles are presented in clear and authoritative fashion, with the logical elements highlighted and exemplified in extensive notes detailing the most recent cases regarding each of the recognized claims in Virginia law.
A range of strategic issues is set forth at the outset of the volumes applicable to all causes of action. Then the tort claims recognized in the Commonwealth are presented in logical order — with the necessary elements of each form of claim clearly highlighted and numbered, followed by a discussion of each of the required elements, and the defenses to consider in each instance.
All the prominent contract causes of action, and the limitations of each, are clearly set forth in Part Three, with illustrative cases.
Each of the recognized Equitable Claims and defenses viable in Virginia are discussed separately — then compared — in part Four.
Part Five of the treatise provides a complete survey of the property-related forms of claims (and defenses) recognized in Virginia today, collecting the interpretations placed on these forms of action by the appellate courts.
Part Six arrays the Virginia claims, and an outline of the federal counterparts, for consumer-related causes of action, while Part Seven discusses each of the three “Extraordinary Writs” that are applicable in Virginia today.
The previous edition's ISBN is 9781522109426.
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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