Equity

Question 1

Torts Remedies

Answer 1

(1) Injunctive Relief (permanent v. preliminary)
(2) Constructive Trust
(3) Equitable Liens

Question 2

Preliminary Injunctive Relief

Answer 2

(1) P must establish irreparable injury (need relief NOW)
(2) P must establish likelihood of success on the merits of case
BONUS: court should impose a bound requirement
*Irreparable injury and likelihood of success
NOTE: TRO issued pending a hearing to determine injunction (same test)

Question 3

Permanent Injunction (I Play First Base Dummy)
If defamation or invasion of privacy, usually denied on free speech grounds

Answer 3

(1) Inadequate legal remedy (irreprable, speculative, continuing wrong, insolvent)
(2) Protectible Interest
(3) Feasibility of Enforcement - problem w/ mandatory injunction b/c difficult to supervise or effective compliance
(4) Balancing of Hardship - D burden - There must be substantially more hardship than benefit
(5) Defenses - Unclean hands (must be related to the suit); laches (inequitable delay/unreasonable and prejudicial)

Question 4

Constructive Trusts (return) and Equitable Liens (judicial sale) D MUST HAVE TITLE

Answer 4

RULES: (1) Inadequate legal remedy (b/c insolvent or unique); (2) Tracing allowed; (3) BFP prevails over P w/out knowledge
*If property value goes up - CT; If property value goes down - equitable lien

Question 5

Contract Remedies

Answer 5

(1) Specific Performance - Vice President Is From Delaware
(2) Recission - Good Dog
(3) Reformation - Very Good Dog

Question 6

Specific Performance

Answer 6

(1) Valid contract
(2) Performance of P must be assured (already performed or ready to)
(3) Inadequate Legal remedy - usually unique or land (PP is not unique unless rare, personal significance or circumstances)
(4) Feasibility of Enforcement - covenant not to compete okay if unique services and scope reasonable
(5) Defenses - Unclean hands, laches, unconscionability (at time of contract formation); Mistake, misrep, SOF,

Question 7

Rescission (tear up K) Good Dog

Answer 7

(1) Grounds for Rescission - mistake, misrep, coercion, UI, lack of capacity, no consideration, illegality (all relate to formation) Mutual mistake rescind; unilateral no unless other party knows; misrep (actual reliance)
(2) Defenses - unclean hands, laches
NOTE: if P already performed, can get restitution to avoid unjust enrichment of the other party

Question 8

Reformation (change written agreement to conform to original understanding) Very Good Dog

Answer 8

(1) Valid Contract
(2) Grounds for Reformation - mistake, misrepresentation
(3) Defenses - unclean hands, laches
NOTE: for subsequent BFP, reformation not allowed where it would adversely affect rights of a BFP

Question 9

Covenant Not to Compete (totality of the circumstances)

Answer 9

Enforceable if: (1) services are unique; and (2) scope (geographic and duration) are reasonable.
Court will issue an injunction to prevent defendant from competing
Grant specific performance if (1) serves a legit interest of employer; (2) no undue hardship and (3) not injurious to the public)