Basics

Question 1

Remedies are divided into two broad categories:

Answer 1

Legal v. Equitable Relief

Question 2

Legal Remedies are

Answer 2

Monetary Damages

Question 3

A court will award equitable relief when?

Answer 3

When the remedy at law is inadequate

Question 4

The doctrine of election of remedies provides

Answer 4

that when the party has two inconsistent remedies to address the harm done, they must choose one

≠ recover > once (e.g. cannot have specific performance + damages)

Question 5

Prerequisites to obtain equitable relief of any kind

4

Answer 5

1. πmust establish a claim for ∆’s liability;
2. π must demonstrate (a) no adequate remedy at law; and, (b) irreparable injury;
3. Equitable decree is enforceable: specific + definite + ∆capable of compliance; and,
4. Balance of equities justifies the equitable relief (benefit to π > burden on ∆)

Question 6

Legal remedy is inadequate when?

5

Answer 6

1. Nature of injury cannot be repaired with monetary damages (e.g. injunctive relief for civil rights)
2. Contract for purchase of unique or scarce goods (e.g. land)
3. Where equity is necessary to permit multiple judicial proceedings because damages are minimal and will not prevent ∆’s repeated action
4. Damages are so speculative that it would be inadequate
5. ∆ is insolvent/judgment proof but capable of performance

Question 7

Prohibitory injunction calls

Answer 7

for ∆ to refrain from acting

Question 8

A mandatory injunction is?

Answer 8

∆ is ordered to carry on an activity over time

Question 9

Types of equitable relief include the following:

8

Answer 9

1. injunction
2. specific performance
3. recision
4. reformation
5. quasi-contract
6. constructive trust
7. Equitable Liens
8. Subrogation

Question 10

The equitable defenses are:

5

Answer 10

Only preclude equitable relief

1. laches
2. equitable estoppel
3. waiver
4. unclean hands
5. undue hardship