Here is a Vennish diagram illustrating the overlap of legal, equitable and restitutionary remedies for torts and contracts. The diagram shows in red the types of legal remedies (damages) that are available in torts and contracts actions. In blue are the equitable remedies that apply in the two types of actions. Where the yellow of restitutionary remedies overlays legal remedies, we have the remedies in orange, which are legal remedies of a restitutionary nature. Where the yellow overlays equitable remedies, we have the remedies in green, which are equitable remedies of a restitutionary nature.
The following charts go into more detail while following the color-coding above. There is some overlap among them, as I went back and forth on what was the best way to visualize the material. I am presenting them all here so you can use what works for you.
First we separate out the torts remedies to show more detail, including ways to measure legal damages, requirements for equitable relief, etc.
Next we separate out the details of contracts remedies in the same way. At some point as I was working on this diagram, I decided that I wanted to separate out the remedies for different parties, such as buyer vs. seller. That led to a different diagram, which is here.
Finally, we have a “Just the Rules” sort of outline for legal remedies and equitable remedies, but continuing with the color-coding to highlight restitutionary remedies.
Credit/link to brendanconley.com.
I found Remedies to be one of the most difficult subjects to understand in law school, and that is one of the reasons I ended up creating so many charts to organize the information. I also benefited greatly from reading Understanding Remedies, by James M. Fischer. Like all the Understanding books, this volume breaks down what you need to know about the subject in clear language. You may click on the cover image to use Amazon’s Look Inside feature and see what you think. This book is highly recommended.