Bar Essentials FL Flashcards
What is an injunction?
An injunction is a court order to do or refrain from doing something. PJ over D is required and injunction can be enforced by contempt charge. They can be temporary or permanent. To prevent a tort with an injunction you need to show inadequate legal remedy, enforcement possible, hardship to D doesn’t outweigh P relieve, no defenses for D.
When is the legal remedy inadequate so that an injunction is proper?
Money damages are inadequate, the injury is irreparable.
What makes enforcement of an injunction feasible?
Negative injunctions (preventing someone from acting) are easier than mandatory injunctions. But both are possible. if out of state ct determine if sufficient PJ over D.
What is the procedure for balancing the hardship in determining if an injunction is proper?
The benefit to P is weighed against hardship to D.
What are some of the defenses allowable to a D against a party seeking an injunction?
Unclean hands is one where a party seeking an injunction has acted improperly. Latches is where a P has delayed bringing an action, hardship or free speech may also be defenses.
What are the requirements to grant a temporary injunction?
Notice to D, demonstrate P is likely to prevail and will suffer a loss if no injunction is granted.
What is specific performance?
This is when a Ct forces the D to do something specifically, like transfer property. P shows there are no defenses for D to acting.
When analyzing specific performance when do we say a legal remedy is not sufficient?
When it deals with something like property that is unique. When we deal with a contract we may get to make them do the contract, but we could also get paid if they don’t do the contract, which means specific performance isn’t really necessary. But land is only one,.
What are some of the defenses to specific performance?
Statute of frauds, equitable defenses such as unclean hands, latches, unconsionability.
What is a covenant tno to compete?
In FLorida, the law allows the enforcement of contracts that prohibit competition as long as it is for a reasonable amount of time, area, and line of business. The K must be signed and the P must show it is a legitimate business interest. The restrain my be reasonable to protect the business. (usually no more than 5 years) But the court will evaluate public policy and situation.
What are the grounds for recision and reformatio of a contract?
Recission voids the K like it is never made (mistake, misrepresentation, undue influence, illegality, lack of capacity, failure of consideration. Reformation changes the agreement to make it fit the intent-mistake by both, misrepresentation, and all equitable defenses.
What is a constructive trust?
This is a restitutionary remedy couts use to prevent unjust enrichment when a wrongdoer has gained title to property through misrepresentation of another money or property.
What is an equitable lien and equitable mortgage?
An equitable lein is when you put a lein on a property to secure debt owed to the eP. IF the D demonstrates that the D misappropriated P property and P property can be traced to the property held by the D. An equitable mortgage is when the debotr refuses to give back property that was used to secure the debt after thee debt is satisfied.
What is the purpose of subrogation>
It is a way to get a person to pay the obligation of another person or to succeed to the rights of the person paid.
