Equitable Damages Flashcards
1
Q
What are the equitable damages?
A
- Injunctions
- Specific performance
- Rescission
- Reformation
2
Q
What are the defenses to equitable damages?
A
- Unclean hands
2. Laches
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.
4
Q
Laches
A
Equitable defense asserted by the plaintiff that the suit wasn’t brought within a reasonable time
5
Q
What must the plaintiff show for the court to order specific performance?
A
- Inadequate legal remedy ( usually because damages are speculative, harm is not yet ripe, or situations with unique or real property)
- Valid contract
- Plaintiff condition was satisfied
- Feasibility of enforcement by the court