5) Equitable remedies -- K cases

Question 1

key k remedy in equity

Answer 1

specific performance

Question 2

key concerns for specific performance: mnemonic

Answer 2

Do
I
Frame
My
Diploma?

Question 3

key concerns for specific performance: list

Answer 3

1) definite + certain k
2) inadequate legal remedy
3) feasibility
4) mutuality
5) defenses

Question 4

specific performance concerns: definite + certain k: def

Answer 4

must be definite + certain enough so court can formulate an order telling D what to do

Question 5

problems in specific performance/land sale ks: list

Answer 5

1) marketable title
2) time is of the essence / installment payments
3) abatement

Question 6

problem: marketable title

Answer 6

if seller seeks specific performance of land sale, must be able to show that they have marketable title that can be conveyed to buyer

Question 7

time is of the essence clause: problem

Answer 7

person who breaches might suffer substantial harm (full forfeiture) so breacher can still get what they’re entitled to if tenders performance within a reasonable time

elements:

1) would suffer substantial harm
2) tenders performance w/in reasonable time

Question 8

abatement: problem

Answer 8

the land is not what was promised in the k

depends on who’s seeking:
buyer seeks: yes SP + abatement of price (he decided he still wanted)

seller seeks: depends on whether defect is material or minor –> seller can’t force buyer to buy property w material defect

Question 9

sp concerns: inadequate legal remedy: def

Answer 9

same as injunctive

liquidated damages clause doesn’t mean legal remedy is adequate

Question 10

sp concerns: feasibility: def

Answer 10

same as injunctive
NO specific performance for personal services ks (13 am/supervisory)

BUT, P can prevent D from working for anyone else in opposition –> enjoining a breach of the negative covenant

Question 11

enjoining a breach of the negative covenant: def

Answer 11

negative covenant that D will not work for someone else in opposition = implied into personal services k.

Question 12

sp concerns: mutuality: def (cl)

Answer 12

CL: P could only get SP if D could have also gotten it against P

Question 13

sp concerns: mutuality: def: modern

Answer 13

mutuality if party that wants SP has:

1) already substantially rendered performance OR
2) can satisfactorily ensure that performance will be rendered (is ready + able to perform)

Question 14

sp concerns: defenses: list

Answer 14

1) laches
2) unclean hands
3) undue hardship
4) equitable estoppel

Question 15

undue hardship: def

Answer 15

enforcing the k would cause undue hardship for D bc of superior bargaining position of P

Question 16

equitable estoppel: def

Answer 16

P has engaged in action or inaction that has caused D to engage in action/inaction that this lawsuit is about – P estopped from asserting equitable rights