Equitable Damages Flashcards

1
Q

What are the equitable damages?

A
  1. Injunctions
  2. Specific performance
  3. Rescission
  4. Reformation
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2
Q

What are the defenses to equitable damages?

A
  1. Unclean hands

2. Laches

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3
Q

Unclean Hands

A

Equitable Defense where defense argued plaintiff can’t get the equitable relief because they have acted in bad faith in regards to the subject matter at issue.

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4
Q

Laches

A

Equitable defense asserted by the plaintiff that the suit wasn’t brought within a reasonable time

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5
Q

What must the plaintiff show for the court to order specific performance?

A
  1. Inadequate legal remedy ( usually because damages are speculative, harm is not yet ripe, or situations with unique or real property)
  2. Valid contract
  3. Plaintiff condition was satisfied
  4. Feasibility of enforcement by the court
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