EQUITABLE REMEDIES

Question 1

EQUITABLE REMEDIES

Answer 1

COURT ORDER ENFORCED BY CONTEMPT

Question 2

PROHIBITIVE INJUCTION AGAINST FUTURE TORT

Question 3

MANDATORY INJUNCTION IF SHERIFF CAN’T ENFORCE REPLEVIN OR EJECTMENT

Question 4

MANDATORY OR PROHIBITIVE

Question 5

PERMANENT TEMPORTARY OR T.R.O

Question 6

SPECIFIC PERFORMANCE

Question 7

RESCISSION

Answer 7

The elements for rescission are:
1. Misrepresentation of Facts:
2. No scienter required
3. Materiality - determined if it was an innocent misrepresentation case or intentional misrepresentation case
4. Reliance
5. Injury

Question 8

REFORMATION

Question 9

DISGORGEMENT, SUBROGATION, INDEMNITY

Question 10

CONSTRUCTIVE TRUST

Question 11

EQUITABLE LIEN

Question 12

Duress

Answer 12

Conduct by one person that overcomes the free will of another and therefore renders involuntary whatever transaction is involved.
1. The coercion must originate with and be applied by the person receiving the benefit.

Question 13

Fraud

Answer 13

An indirect wrong, the plaintiff is induced to make a payment, or transfer property, or to yield some contractual advantage.

Question 14

Remedial Unconscionability

Question 15

Substantive Unconscionability

Question 16

Procedural Unconscionability

Question 18

Mistake

Answer 18

The only remedy is restitution.
A mistake is a belief that is not in accord with existing facts

Question 19

Injunction

Answer 19

A court order to either prevent (prohibitive injunction) or to make a defendant to do something (affirmative order).

Prophylactic injunction: they may require conduct that the does not specifically require or prohibit conduct that is not necessarily wrongful.

Question 20

Temporary Restraining order

Answer 20

1. Can be issued without notice to a defendant
2. last about 14 days.
3. Must be an emergency situation. Immediate threat of irreputable (serious) harm.

Question 21

Preliminary Injunction

Answer 21

1. Opposing party has to be notified.
2. Both parties are present.
3. It is either going to go away or be permitted
4. Need to post a bond unless one was already posted during TRO
   A limited injunction that is granted to minimise or elimante the problem to maintain the status quo while the trial is being heard.
5. show risk of irreputable damage to the plaintiff.
6. the balancing of a hardship that has to favor the plaintiff
7. the plaintiff has to demonstrate a high likely hood of success on the merits of the underlined case.
8. necessary to maintain the status quo

Question 22

Laches

Answer 22

Unreasonable delay causing hardship.
You wait to long and make the harm worse and it is unfair to the defendant.
The burden is on defendant.
Defense for Injunction

Question 23

Unclean Hands

Answer 23

The plaintiff who wants the injunction was acting badly as well toward the defendant.
The burden is on the defendant.
Defense for Injunction

Question 24

Replevin

Answer 24

Personal property that defendant illegally acquired and has to give back.

Question 25

Specific Performance

Answer 25

To obtain an order of specific performance, plaintiff must
a. have an enforceable right
b. have fully performed all conditions or stand ready to perform.
c. prove that the legal remedy is inadequate
d. demonstrate that the balance of hardships tips in favor of the injunction.
e. prove that enforcement of the injunction is consistent with the public interest and will not threaten tribunal integrity.

Question 26

Assumpsit

Answer 26

Special assumpsit which is an action based on an express contract or promise
General assumpsit was based on implied contracts (quasi-k

Question 27

Contribution

Answer 27

When a plaintiff has paid a liability which the plaintiff shares with the defendant, equity provides a right to seek reimbursement from the defendant for that portion which he ought to pay or bear.

Question 28

Partition

Answer 28

Partition is used to divide the ownership interests of two or more rightful owners