41-60

Question 1

Prohibitory Injunction

Answer 1

Injunction which forbids certain conduct.

Question 2

Specific Performance (E.R.)

Answer 2

Equitable remedy ordering contracting parties to perform obligations promised in the contract.

Question 3

Mutuality of Performance

Answer 3

Court will grant specific performance if plaintiff already performed or to secure defendants performance under the contract.

Question 4

Proportionate Abatement

Answer 4

Price reduced proportionately to amount of missing land.

Question 5

Rescission (s.q.a)

Answer 5

Contract remedy to restore the status quo ante. Cancels contract and allows plaintiff to receive any tender given to defendant.

Question 6

Specific Performance w Abatement(Land Sales)

Answer 6

Used in Equity for land sales contract/ when there is a quantitive defect /and full performance can’t be rendered.

Question 7

Multiplicity of Suits

Answer 7

Existence of two or more suits with same issue against same defendant.

Question 8

Scriveners’s Error

Answer 8

Clerical error on a legal document.

Question 9

Unilateral Mistake

Answer 9

Occurs when either party knows or has reason to know that at the time a written instrument is signed, the writing does not conform to the agreement. (Reformation)

Question 10

Decretal Transfer

Answer 10

Act by the court of transferring title to land by the courts decree.

Question 11

Reformation (E.R.)

Answer 11

Equitable Remedy by a court to modify or alter a written instrument to make it conform to original agreement. Must be prior valid agreement between parties, writting fails to conform as result of mistake or fraud.

Question 12

Commingled Funds

Answer 12

Wrongdoer commingles his own funds and missapropriated funds and uses funds to make a purchase.

Question 13

Tracing

Answer 13

Equitable doctrine which allows plaintiff to trace misappropriated money when a constructive trust is sought.

Question 14

First In, First Out Rule

Answer 14

An ACCOUNTING method that ASUMES that the first items purchased or received are the first sold or disposed of.

Question 15

Economic Waste (Redoing Foundation house)

Answer 15

Type of waste that occurs when performance is more expensive than damages warranted and the court may not award damages.

Question 16

Encroachments

Answer 16

Encroachment is a CONTINUOUS TRESPASS when defendant builds a structure on his land and partially on plaintiffs land. Court looks at economic hardships and CONDUCT when awarding Injuction or damages.

Question 17

Hallets Rule

Answer 17

Eqitable lein availible on an ACCOUNT’S BALANCE for the AMOUNT STOLEN in cases of commingled funds.

Question 18

Lowest Intermediate Balance Rule

Answer 18

Limits plaintiffs tracing rights. Equitable lien availible on the lowest balance in the account since the time commingling ocurred.

Question 19

Contempt

Answer 19

The enforcement of equity decrees if the defendant fails to comply with court ordered action.

Question 20

Civil Contempt

Answer 20

Form of contempt, defendant may be sentenced to jail but is not entitled to a jury, and the court may also impose an accruing fine.